I recently attended a teleconference held by the US Citizenship and Immigration Services regarding the temporary protected status designations for Liberia, Guinea and Sierra Leone. The conference was particularly helpful in shedding light on how the application process for protected status works because USCIS staff members answered participant questions at the end of the presentation. I am writing this blog post to share some of the information discussed during this call, however, nothing written in this post constitutes legal advice and should not be construed as such. Additionally, reading this post does not create an attorney-client relationship.
USCIS staff began the call by laying out the basic requirements for eligibility for TPS designation, which is that eligible nationals of Sierra Leone, Liberia and Guinea will not be removed from the United States and are authorized to work and obtain Employment Authorization Documentation. In order to be eligible for TPS designation, applicants must show that they meet all eligibility criteria including that they have been 'continuously residing' in the United States since November 20, 2014 and have been 'continuously physically present' in the United States since November 21, 2014. For approval, applicants cannot pose a threat to national security and must pass a criminal record and thorough security check.
Other helpful information provided on the call, included that individuals are free to apply for TPS designation regardless of their current immigration status. If an individual from one of the three countries was physically present in the US on November 20, 2014 and subsequently took a 'brief casual absence' from the US and then returned, that individual may still qualify for TPS but should check the CFR regulations to determine whether the circumstances of their particular absence qualifies. Additionally, at 8 CFR 244.7 (d) the regulations address how individuals who are already in deportation proceedings can begin the process of applying for TPS. People with deportation orders may apply, as well as people who hold another immigration status such as a student visa or even an expired status. Students who want to know if TPS will allow them to enroll in school should check the individual requirements of the school or program in which they are seeking to enroll. Finally, children who meet the eligibility requirements for TPS may file for themselves individually if their parents are not in the US. Applicants may request waiver of any or all fees based on demonstrated inability to pay by filing a form I-912 or submitting a written request. Complete eligibility requirements are available at www.uscis.gov/tps