Immigrating to the United States can be a complicated process, and there are many different types of visas that may be available, as well as multiple legal statuses that may affect a person's ability to remain in the country and avoid deportation. For some immigrants, Temporary Protected Status (TPS) may be an option to protect against deportation and ensure that they are not forced to return to countries where their safety could be at risk. TPS is intended to protect individuals who are unable to return to their home countries due to natural disasters, wars, or other extreme circumstances. Understanding when a person can qualify for TPS and the process of applying for this form of protection can be crucial for immigrants who are seeking to remain in the U.S.

Understanding Temporary Protected Status

The Temporary Protected Status program was created in 1990, and it grants temporary protections to individuals from certain countries. The Secretary of Homeland Security may designate a country for TPS based on extraordinary issues that temporarily affect the safety and well-being of the country's residents. These may include environmental disasters such as earthquakes, volcanoes, floods, or hurricanes, as well as civil wars, other armed conflicts, epidemics of infectious diseases, or any other dangerous conditions.

Immigrants from designated countries can apply for TPS, and once they are granted this status, they cannot be deported from the United States. They will also be able to receive authorization to work for employers in the U.S., and they may be granted authorization to travel internationally and return to the United States. TPS designations usually remain in effect for a limited time, although they may be extended. Immigrants who have been granted Temporary Protected Status will be required to re-register after the designation for their country has been extended.

Citizens of the United States enjoy many benefits. They will be able to live in the U.S. on a permanent basis, and they cannot be forced to leave the country. They can live anywhere they want within the United States, work for U.S. employers, and travel internationally with a U.S. passport. Because of these benefits, the attainment of U.S. citizenship is a goal for many immigrants. Children of U.S. citizens will usually also be eligible for citizenship. While citizenship will automatically be granted if a child is born in the United States, parents may need to take steps to make sure children born in other countries are recognized as citizens.

Citizenship Requirements for Children Born Outside of the U.S.

If at least one of their parents is a U.S. citizen who has established residence in the United States, the child may also be granted citizenship. A child's citizenship will be automatically recognized if the child is younger than 18 years old, the child has a valid Green Card, and the child is living in the U.S. in the custody of a parent who is a U.S. citizen.

A child may be considered to be in the legal and physical custody of a parent if their parents are married, if they live with one parent when the other parent is deceased, if they were born to unmarried parents and have been legally recognized as the child of the parent with whom they reside, or if custody has been awarded to a parent after a divorce or legal separation. If parents share joint custody of a child, this will meet the requirement for legal custody for purposes of U.S. citizenship. To meet the requirement for physical custody, a U.S. citizen parent must be primarily responsible for the child's care.

Immigrants who wish to resettle in the United States and U.S. citizens or lawful permanent residents who wish to sponsor family members for immigration may struggle to understand their options and the laws that apply to them. In family-based immigration cases, different types of visas may be available depending on the status of the sponsor and their relationship with those who will be immigrating to the U.S. In addition to determining the appropriate types of visas, family members will need to understand the quotas that determine the number of visas that may be issued each year.

Numerical Limits on Family-Based Visas

The United States sets strict annual limits for the number of family-based visas that will be available. Because of these limits, certain immigrants may experience lengthy wait times before they can receive approval for a visa. In some cases, they may need to wait for years or even decades.

Family-based immigrant visas are divided into two categories: immediate relative visas and family preference visas. The laws in the United States have set a limit of 480,000 family-based visas that may be issued each year. In addition, there is a per-country limit that applies to all visas issued, and the number of visas issued for people from one country cannot be more than 7 percent of the total number of people who immigrate to the U.S. in a given year.

Immigrating to the United States can be a daunting process. One of the biggest hurdles that many immigrants face is being able to stay in the country legally. Those who entered the United States without authorization or stayed in the country after the expiration of a visa may be concerned that they will be deemed "inadmissible" when applying for a visa or Green Card. However, certain types of waivers of inadmissibility may help address these issues. One of these is known as the provisional unlawful presence waiver. These provisional waivers are available in certain situations, and they may facilitate the process of receiving a visa that will give them authorization to enter the United States and remain in the country permanently.

What Are Provisional Unlawful Presence Waivers?

Provisional waivers exist to help certain immigrants achieve lawful status in the United States. These waivers are available to people who are already in the U.S. but believe that they are inadmissible due to a period of "unlawful presence," such as those who came to the country on a tourist visa or student visa but did not depart after the visa expired and remained in the country for at least 180 days. If an immigrant can prove that their absence from the country will cause extreme hardship for a spouse or parent who is a U.S. citizen or permanent resident, they may apply for a provisional waiver. If the waiver is approved, they will be required to leave the United States and attend an interview for an immigrant visa at a U.S. embassy or consulate.

Eligibility for Provisional Waivers

An immigrant must be at least 17 years old to apply for a provisional waiver, and they must be in the United States at the time they file their application. They must already be in the process of applying for an immigrant visa, such as by receiving approval on an I-130 form filed on their behalf by an immediate family member. Provisional waivers will only be available for immigrants who are subject to a three-year bar due to an unlawful presence in the United States for between 180 days and one year or a 10-year bar due to an unlawful presence in the U.S. for more than one year.

If you are a citizen of the United States, and you are married to a foreign spouse, you are likely looking at your options for applying for a family visa and ensuring that they can receive a Green Card and live with you in the U.S. on a permanent basis. This can be an intimidating process, but with careful planning, you can successfully apply for and receive a visa for your spouse. Here are some things to consider when applying for a visa when your spouse is either inside or outside of the U.S.:

Eligibility for Sponsoring a Spouse for Immigration

To sponsor your spouse for an immigrant visa, you must be at least 18 years old. While there is technically no age requirement for filing a visa application, you will need to file an Affidavit of Support along with the application, and this affidavit has an age requirement of 18. You must also have a permanent residence in the United States, and you must plan to continue living in the country for the foreseeable future.