Understanding Asylum and TPS: Options for Immigrants in Allentown, Bethlehem, and Easton

The Lehigh Valley, including Allentown, Bethlehem, and Easton, has become home to a growing number of immigrants seeking safety and stability in the United States. Many of these individuals are fleeing conflict, persecution, or natural disasters, making legal protections such as asylum and Temporary Protected Status (“TPS”) critical. Understanding the eligibility requirements and application process for these forms of relief is essential for those looking to establish themselves in Pennsylvania.

Asylum is a legal protection available to individuals who have suffered persecution or have a well-founded fear of persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. Under 8 U.S.C. § 1158 (INA § 208), individuals who are physically present in the United States, regardless of their current immigration status, can apply for asylum. If granted, asylum provides protection from deportation, work authorization, and the ability to apply for permanent residency (a green card) after one year.

The asylum application process begins with filing Form I-589, Application for Asylum and for Withholding of Removal, typically within one year of the applicant’s arrival in the U.S. unless an exception applies. The process may include an interview with U.S. Citizenship and Immigration Services (“USCIS”) or a hearing before an immigration judge if the applicant is already in removal proceedings. A strong asylum case requires substantial supporting evidence, such as personal statements, country conditions reports, and witness testimony. If an application is denied, the individual may appeal to the Board of Immigration Appeals (“BIA”) or, in some cases, federal courts.

Temporary Protected Status (“TPS”) is another form of immigration relief designed for individuals from countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. Under 8 U.S.C. § 1254a, TPS allows eligible individuals to remain in the U.S. and obtain work authorization and protection from deportation for a designated period. Unlike asylum, TPS is not based on individual persecution but rather on broader country conditions. It does not directly lead to a green card, though TPS holders may be eligible for other forms of immigration relief.

To qualify for TPS, individuals must be nationals of a designated TPS country, have continuously resided in the U.S. since the designation date, and file during the specified registration period. The Department of Homeland Security (“DHS”) periodically reviews TPS designations and may extend or terminate status based on conditions in the country of origin. Countries currently designated for TPS include Ukraine, Haiti, and Venezuela, among others.

Applying for TPS requires filing Form I-821, Application for Temporary Protected Status, along with biometric screening and, if applicable, a request for work authorization using Form I-765. If granted, TPS provides lawful presence in the U.S. and eligibility for employment. However, it is important to note that TPS status is temporary and does not automatically lead to permanent residency.

There are key differences between asylum and TPS that applicants should consider when determining which option best suits their situation. Asylum is available to individuals who fear persecution based on a protected ground, while TPS is granted to individuals from designated countries experiencing temporary crises. Asylum has a strict one-year filing deadline, while TPS applicants must apply during the registration period. Importantly, asylum can lead to a green card, whereas TPS does not provide a direct path to permanent residency.

Both asylum and TPS applicants face challenges, including long processing times and evolving immigration policies. USCIS backlogs have caused significant delays in asylum adjudications, and TPS designations are subject to change based on U.S. government decisions. Additionally, asylum applicants who are placed in removal proceedings must navigate the complexities of immigration court. Given these obstacles, seeking legal counsel is crucial to ensure a thorough and well-documented application.

At Lehigh Valley Immigration Law LLC, we assist clients with asylum and TPS applications in Allentown, Bethlehem, and Easton. Whether you are seeking protection from persecution or temporary status due to conditions in your home country, we can help you navigate the legal process. Contact us today to schedule a consultation and discuss your immigration options.