Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a humanitarian program provided by the United States to individuals from countries facing extraordinary conditions, such as ongoing armed conflict, natural disasters, or other significant disruptions, that make it unsafe for them to return. TPS allows eligible individuals to reside and work legally in the U.S. on a temporary basis until their country stabilizes or conditions improve. This status is designed to offer protection and support during times of crisis and upheaval.
Eligibility Criteria (see printout)
To qualify for Temporary Protected Status (TPS), individuals must be nationals of a country officially designated for TPS by the United States government. Additionally, they must meet specific residency requirements, demonstrating that they have been continuously present in the U.S. since the date specified in the TPS designation. Applicants must also satisfy certain admissibility criteria, including passing background checks and not having a criminal record or engaging in activities that would render them ineligible for this protection.
Recent Updates (August 2024)
The United States Citizenship and Immigration Services (USCIS) has recently provided important clarification regarding Temporary Protected Status (TPS) holders. Under the updated policy, individuals with TPS who travel abroad using authorized travel documents, such as Advance Parole, may now be considered “inspected and admitted” upon their return to the United States. This change is significant because it allows eligible TPS holders to meet a critical requirement for adjusting their immigration status, potentially enabling them to apply for lawful permanent residency.
Benefits
Temporary Protected Status (TPS) offers several key benefits to individuals from designated countries facing extraordinary circumstances. It provides protection from deportation, ensuring that eligible individuals are not removed from the United States during the period of designation. TPS also grants work authorization, allowing recipients to legally obtain employment and support themselves and their families while residing in the U.S. Additionally, TPS holders have the ability to apply for travel authorization, enabling them to travel abroad and return lawfully under specific conditions.
Process
To apply for Temporary Protected Status (TPS), individuals are required to file Form I-821, the official Application for Temporary Protected Status, with the United States Citizenship and Immigration Services (USCIS). Along with this form, applicants must provide sufficient proof of their nationality to confirm they are from a country designated for TPS. Additionally, they must submit evidence demonstrating continuous residence and physical presence in the United States during the specified period outlined in the TPS designation requirements.
FAQ Section
1. Who is eligible for Temporary Protected Status (TPS)?
Applicants must be nationals of a country designated for TPS and meet certain residency and admissibility criteria.
2. How long does it take to get Temporary Protected Status (TPS)?
Processing times can vary but typically take several months, depending on the country of origin and current users workload.
3. Can Temporary Protected Status (TPS) lead to a green card?
TPS itself does not lead to a green card, but recent changes may allow TPS holders who travel abroad with authorized documents to adjust their status.
4. What happens if my Temporary Protected Status (TPS) application is denied?
If your application is denied, you may appeal or explore other forms of immigration relief.
5. Are there any risks associated with applying for Temporary Protected Status (TPS)?
TPS does not provide a direct path to permanent residency, and changes in country conditions could affect your status.
It is vital to speak with a licensed immigration attorney to determine your eligibility for TPS.
COUNTRIES CURRENTLY DESIGNATED FOR TPS
Afghanistan
Burma (Myanmar)
Cameroon
El Salvador
Ethiopia
Haiti
Honduras
Nepal
Nicaragua
Somalia
South Sudan
Sudan
Syria
Ukraine
Venezuela Yemen