Should I File I-821 TPS When I-589 Asylum Application Is Pending?
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In ONE Word: YES.
Why Don’t They Give A Green Card To Those With I-821 TPS?
Temporary Protected Status (TPS) is a compromise. Foreigners with TPS get the benefits of a green card, legal permanent residency, including right to live and work in the United States. Those with TPS also can travel to any country internationally including their home country. Unlike residents with a green card, however, I-821 TPS foreigners must continuously pay for work permits and re-registration. The government makes more fees on a person with TPS than on a person with a green card, permanent residency.
Exception to the One-Year Asylum Deadline with I-821 TPS and I-589 in USCIS
There is no downside to applying for I-821 TPS while the I-589 affirmative asylum application is pending with USCIS (U.S. Citizenship and Immigration Services). An I-589 asylum application can be pending for over a decade even after an applicant is granted TPS. Just as if the I-589 asylum applicant had a student visa while the I-589 asylum is pending, a person with TPS will NOT need to go to Immigration Court if the I-589 (Application for Asylum and for Withholding of Removal) asylum is denied or referred.
Another major benefit to TPS is that a foreigner can travel internationally with advance parole. This is EXTREMELY IMPORTANT for two reasons. First, I-589 asylum applicants do not normally get permission to travel outside the United States (to any country). Second, AND MOST IMPORTANT, an I-589 asylum applicant who has TPS can travel with an international permit known as advance parole, return to the U.S., and apply again for asylum within the one-year deadline of their last entry.
Double Chance of Winning with TPS and Asylum in Immigration Court
If you have a case in Immigration Court, the Judge will ask what applications you want to file. A foreigner can file an asylum application AND also qualify for TPS. The attorney can request that the Immigration Judge continue the case (or administratively close it) to stop future Immigration Court hearings until the TPS application is decided. AFTER receiving the TPS approval, you can then decide whether to ask the Immigration Judge to terminate the Immigration Court case by withdrawing the asylum.
It is important to hire an experienced I-589 Asylum I-821 TPS immigration attorney for such a complex case. As shown above, these applications offer benefits when used together correctly. Happy travels.
Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
