What Is the Difference Between Asylum and TPS?

 Posted on September 05, 2024 in Immigration

There are several ways to gain legal entry to the United States. Some are granted immigrant visas through family members, for example, while others are allowed residence for employment or education.

Some noncitizens come to the United States because of unsafe conditions in their home countries. In these cases, the applicant may apply for asylum or temporary protected status (TPS). The best way to determine which is right for you is to consult an experienced California immigration attorney. In the meantime, this article may help you understand the differences between asylum and TPS.

What Is Asylum?

Asylum means you are asking the United States government for refuge from persecution in your home country. When you apply for asylum, you need to prove that you might be oppressed if you return to your home country due to your:

• Religion
• Race
• Nationality
• Political opinion
• Membership of a particular social group

If you are granted asylum it means you may live in the United States without fear of being deported. You may also be eligible to obtain an employment authorization document, otherwise known as a work permit.

What Is TPS?

Temporary Protected Status (TPS) means you are asking for refuge from your home country because the United States has declared that country to be unsafe. This can be a quicker process than asylum because you do not need to prove that you are personally in danger of persecution. You may be eligible for TPS if your home country is on the Department of Homeland Security’s list of designated countries. These include:

• Somalia
• Ethiopia
• Yemen
• Haiti
• Burma (Myanmar)
• Afghanistan
• Cameroon
• El Salvador
• Honduras
• Nepal
• Nicaragua
• South Sudan
• Sudan
• Syria
• Ukraine
• Venezuela

Like asylum, TPS allows a noncitizen to reside in the United States and apply for a work permit.

What Are the Main Differences Between Asylum and TPS?

While you may be able to apply for both asylum and TPS, there are significant differences between the two:

• TPS does not provide a path to citizenship or lawful permanent residence, otherwise known as a green card. Asylees, on the other hand, can apply for LPR after one year. Four more years of residence can help qualify an asylee for citizenship.
• Someone who is granted TPS may be eligible to start working sooner than asylees, who often must wait until their applications are approved.
• Temporary protected status is just that — temporary. If you plan to live in the United States long term, it might be better to apply for asylum and take the necessary steps to obtain a green card.

Contact a San Francisco, CA Temporary Protected Status Attorney

The differences between TPS and asylum are significant. Find out which you are eligible for by contacting Hafey & Karim, where our excellent attorneys will create a strong legal strategy tailored to your immigration needs. We provide legal services in English, Spanish, Urdu, Hindi, Punjabi, and Bengali. Schedule a free 20-minute consultation with a San Francisco, CA asylum lawyer by calling 415-286-5056 today.