Temporary Protected Status (TPS) and asylum are both designed to help those who are fleeing unsafe situations in their countries of origin. In order to be eligible for either program, applicants must demonstrate that they are unable to safely remain in their country of nationality.
Both TPS and asylum provide protection from removal while the petition is pending, and allow for work authorization and a travel permit. A good asylum immigration lawyer can help you with the entire process.
However, while the two relief programs share many similarities, they are distinct from one another. TPS is a temporary form of protection that does not lead to permanent residency, while asylum is a form of permanent protection that can lead to a green card.
Additionally, asylum requires applicants to demonstrate that they have been persecuted or fear persecution. This is a crucial requirement as it allows individuals who have been victims of discrimination and violence to seek refuge in another country.
In order to be granted asylum, applicants must provide evidence of their persecution, such as witness statements, medical records, or other forms of documentation. With the help of the best asylum immigration lawyer in Los Angeles, you can understand the requirements better.
Furthermore, they must be able to explain why they are unable to return to their home country. Ultimately, asylum is a vital form of protection for those who have been subjected to discrimination and violence, and it is important that applicants are able to provide the necessary evidence to prove their case.
What Is The Difference Between Temporary Protected Status and Asylum?
Asylum and Temporary Protected Status (TPS) are both forms of immigration protection for individuals who cannot safely return to their home country. However, there are some key differences between the two:
- Asylum is a form of humanitarian relief that allows non-citizens to remain in the United States if they can establish that they suffered persecution, or have a well-founded fear of future persecution, because of their race, religion, nationality, political opinion, or membership in a particular social group.
- Asylum provides a safe haven for individuals fleeing persecution or violence in their home country and allows them to live in a safe and secure environment where their rights are respected.
- To be eligible for asylum, an individual generally must apply within one year of their last arrival in the United States. There are exceptions to this rule, which would best be discussed with an experienced immigration attorney.
- If granted asylum, an individual can eventually apply for lawful permanent resident (LPR) status and remain in the U.S. permanently.
Temporary Protected Status (TPS):
- TPS is for individuals who could not return to their countries due to conflict, disaster or any other condition.
- To be eligible for TPS, an individual must be from a country designated by the U.S. Department of Homeland Security (DHS) for TPS.
- TPS does not lead to lawful permanent resident status but provides temporary protection and allows eligible individuals to work in the U.S. during the designated period.
Asylum is for individuals who cannot return to their home country due to fear of persecution, while TPS is for individuals who cannot return due to temporary conditions in their home country. Edith Nazarian is an experienced asylum and TPS lawyer in Los Angeles who can help you navigate the complicated process of asylum and TPS.
For a list of countries currently designated for TPS, please visit the U.S. Citizenship and Immigration Services website. :
Both Asylum and TPS provide important forms of protection and relief for individuals who either do not want to or could not safely return to their home country.
If you believe you may be eligible for asylum or TPS, it is important to speak with a TPS lawyer to discuss your options and to determine the best course of action for your case.
What is the Process of Applying for TPS?
A TPS process can take years to conclude but with the right temporary protected status lawyer the application can be submitted diligently and increase the chances of receiving a quicker result. The TPS application process typically involves the following steps:
- Determine Eligibility: Check if your country of origin has been designated for TPS and if you meet the criteria for TPS which includes being present in the country and living here physically.
- Gather Required Documents: Collect the necessary documents, including a passport, birth certificate, and any other relevant documentation to prove identity, nationality, and residency.
- Complete Form I-821: Fill out Form I-821, Application for Temporary Protected Status, and provide a detailed explanation of why you are seeking TPS.
- Pay Fees: Submit the required fees, including the Form I-821 fee and biometric services fee, if applicable.
- Submit the Application: Submit the completed Form I-821, supporting documentation, and fees to the U.S. Citizenship and Immigration Services (USCIS).
- Attend Biometrics Appointment: If required, attend a biometrics appointment to provide fingerprints, photographs, and signatures.
- Wait for a Decision: Wait for a decision from USCIS. The processing time may vary depending on the case workload and resources available.
- Renew TPS: If TPS is granted, renew it before it expires to maintain the protected status.
Please note that the requirements and process for TPS may change over time. Therefore, it is important that you stay informed and work with an experienced TPS lawyer to help you with the application process.
What Is The Process to Apply for an Asylum in the US?
Seeking asylum is one of the most rigorous and scrutinous ways to enter the United States. There are currently three main ways to apply for asylum in the United States:
- Affirmative Process: This is for people who are submitting their asylum application and are not in immigration court proceedings. They can apply for asylum through the U.S. Citizenship and Immigration Services (USCIS). If USCIS denies their application, they will be referred to an immigration court for a hearing on their application.
- Defensive Process: This is for people who are already in immigration court proceedings. They can apply for asylum while they are in their court proceedings.
- Expedited Process: This process is for people who have been in the country illegally for 14 days and were caught by the US government. They can apply for asylum through USCIS and if USCIS denies their application, they will have to go to an immigration court for a hearing.
Get Legal Protection With The Assistance Of The Top Asylum and TPS Lawyers Near You
It’s important to remember that applying for asylum and TPS is a complicated process and it’s best to get help from an asylum or TPS immigration lawyer or representative.
Edith Nazarian is an experienced immigration lawyer for asylum and TPS who works with individuals facing unsafe conditions in their country of birth. She has helped them secure their status and their right to protection. Book your consultation at (818) 748-8808 by calling now or schedule a visit to our office to discuss how to best proceed with your case depending on your specific circumstances.