In a recent interview with César Miguel Rondón on TVV, attorney Michelle Canero, recognized as one of the leading immigration experts in Miami, shared key details about the Temporary Protected Status (TPS) process and how to obtain a work permit while awaiting approval.
“TPS is a crucial benefit for immigrants who are in the U.S. due to exceptional circumstances in their home country. This status allows them to live and work in the U.S. temporarily,” explained Michelle during the interview.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status that allows nationals of certain countries to live and work in the United States due to exceptional conditions, such as armed conflicts, natural disasters, or humanitarian crises in their home country.
Temporary Protected Status Guide: Application Process:
Filing the Application: The applicant must complete Form I-821 and provide the required documentation to demonstrate they meet the TPS requirements.
USCIS Review: Once the application is submitted, the U.S. Citizenship and Immigration Services (USCIS) will review the documentation and determine if the applicant qualifies for TPS.
Approval and Work Authorization: If the application is approved, the applicant will be granted a work permit, allowing them to legally work in the U.S. for the duration of their status.
Michelle emphasized that the process can be lengthy and complicated, so having an immigration attorney is essential to avoid unnecessary delays.
Who Qualifies for TPS?
TPS is available to nationals of countries designated by the U.S. government that are facing exceptional conditions. Some of the countries currently designated for TPS include Venezuela, El Salvador, Haiti, and Honduras, among others.
Main Requirements:
Be a national of a country designated for TPS.
Have been physically present in the U.S. since the date set by USCIS.
Not have serious criminal convictions or violated U.S. immigration laws.
Can I Work While My TPS Application Is Pending?
One of the most frequently asked questions is whether you can work while waiting for the approval of your TPS. According to regulations, applicants can obtain a work permit while their TPS application is pending, as long as they meet the established requirements.
“It’s important to remember that the work permit is not automatic, but applicants may be eligible to receive it while awaiting USCIS’s final decision,” Michelle explained.
Common Mistakes in the TPS Process
Michelle also warned about the most common mistakes that can affect the success of a TPS application:
Incomplete Documentation: Failing to provide adequate proof of nationality or residency time can delay or even deny the application.
Not Submitting the Application on Time: Each country has specific deadlines for submitting TPS applications. Missing these deadlines can result in losing the opportunity to apply.
Inconsistent Records: The records must match the data previously submitted to USCIS. Any discrepancies can raise concerns and complicate the process.
“A mistake in the application not only delays the case but can also affect future immigration opportunities,” Michelle warned.
Conclusion
TPS is an invaluable option for many immigrants, but its process requires careful attention and proper knowledge. Having an attorney experienced in TPS and work permits can make all the difference in the speed and success of your application.
“The key to success in this process is working with an attorney who has experience in TPS and can guide you through each stage,” Michelle concluded.
For a comprehensive Temporary Protected Status Guide, and if you need help with your TPS application or have questions about your immigration status, Canero Fadul Reis Law is here to assist you. Don’t hesitate to contact us for specialized legal advice.
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