Temporary Protected Status for Syrians in the United States
TPS is a temporary immigration status granted to foreign nationals of certain countries who are in the U.S. and who cannot safely return to their home countries due to ongoing armed conflict, natural disasters, or other emergency conditions. USCIS stated that Syria has been designated for TPS status "[d]ue to the violent upheaval and deteriorating situation in Syria[]," referring to the yearlong, nationwide uprising against the Syrian regime and its crackdown on the opposition.
USCIS has designated Syria for TPS for an 18-month period (until September 30, 2013), with the possibility of renewal. During this designated period, Syrians granted TPS status may not be deported from the US; they can obtain work authorization; and they may be granted permission to travel. Applicants must show that they came to the US on or before March 29, 2012 and have been continually residing in the country. Applications for TPS registration must be submitted by September 25, 2012. TPS does not provide a path to permanent resident status ("green card") or any other long term status; however, TPS holders may apply for any other status for which they are eligible. When a TPS designation is terminated, TPS holders revert to the same immigration status they maintained before TPS, if that status remains valid, or to any other status they may have obtained while registered for TPS.
Based on the humanitarian purpose of TPS relief, and unlike many other areas of US immigration law, Syrian nationals may be considered for TPS regardless of their immigration status or lack thereof. Mandatory bars, however, exist for individuals with certain criminal convictions and for other security-related matters. It is important for applicants to seek experienced legal counsel to determine if TPS is advantageous and whether any risks may apply.
If you would like more information on the designation of TPS status for Syrian Nationals in the US please contact attorney Rasha G. Lutfi at 321-421-6697 or rasha@lutfilaw.com
What is TPS?
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
The Secretary may designate a country for TPS due to the following temporary conditions in the country:
Ongoing armed conflict (such as civil war)
An environmental disaster (such as earthquake or hurricane), or an epidemic
Other extraordinary and temporary conditions
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):
Are not removable from the United States
Can obtain an employment authorization document (EAD)
May be granted for travel authorization
Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:
Applying for nonimmigrant status
Filing for adjustment of status based on an immigrant petition
Applying for any other immigration benefit or protection for which you may be eligible
PLEASE NOTE: To be granted any other immigration benefit you must still meet all the eligibility requirements for that particular benefit. An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS.
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