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Who is Eligible for Temporary Protected Status?

The USCIS states:

"You may be eligible to apply for temporary protected status if:

* You are a national of a country designated for TPS. (You may also be eligible if you are a person who has no nationality but last habitually resided in a designated country.) Please see our list of countries designated for temporary protected status.

* You apply for TPS during the specified registration period. The registration period is stated in Federal Register notices of designation and is also generally noted in USCIS press releases. For specific Federal Register notice cites, please see our list of countries currently designated for temporary protected status.

* You have been continuously physically present in the United States since the TPS designation began, or since the effective date of the most recent re-designation. For dates of specific country designations, please see our list of countries designated for temporary protected status.

* You have continuously resided in the United States since the date specified in the Federal Register notice of designation. This date may be different than the effective date of the TPS designation.

* You are admissible as an immigrant and are not otherwise ineligible for TPS. Applicable grounds of inadmissibility and bases for ineligibility are specified in CFR 244.3 and 244.4, respectively. You may also consult the instructions on USCIS Form I-821 (Application for Temporary Protected Status)."

Further, the USCIS further explains that TPS requirements are as follows:

"An alien who is a national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for benefits under the TPS program if he or she:

  1. Establishes continuous physical presence and continuous residence in the United States for a specified period of time;
  2. Is not subject to one of the criminal, security-related, or other bars to TPS; and
  3. Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her benefits under the TPS program.

An alien is not eligible for TPS if s/he:

  1. Has been convicted of any felony or two or more misdemeanors committed in the United States;
  2. Is a persecutor, terrorist or otherwise subject to one of the bars to asylum; or
  3. Is subject to one of several criminal-related grounds of inadmissibility for which a waiver is not available."

 

Reader Comments

burundi immigrants

why would someone from burundi with no financial means and with no knowledge of the english language be given a visa to the u.s.? doesn't this burden u.s. institutions? i would like to understand their refugee statis from the 10 years of war. what criteria are u.s. consuls using in their decisions?

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