What is Temporary Protected Status (TPS)?

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What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) allows nationals from countries that have been designated by the US as dangerous, to stay temporarily in the US until it is safe to return to their home country.  The danger usually involves either civil unrest or a natural disaster, such as an earthquake or an epidemic.  To apply for TPS, you must already be in the US.  You do not need to be in lawful immigration status in the US to apply for TPS.  You must  be from a country that is currently designated for TPS by the US to be eligible to apply for TPS. If your application for TPS is approved, you will be eligible for permission to work in the US for the TPS period.  You will also be protected from deportation during the TPS period.

 

How is TPS Different than Asylum or Refugee Status?

Asylees and refugees apply individually for admission to the US and, if they are admitted, may be able to apply for a green card.  Those who receive TPS are usually approved for  a temporary period of 18 months.  The US may extend TPS after the original designation, however it is expected that when conditions in the designated country are safe, those with TPS will return to their home country. TPS, by itself, does allow you to apply for a green card.

 

What are the Requirements for TPS?

  1. You must be a national of a country designated for TPS.

For a list of countries currently designated for TPS see the USCIS website below. https://www.uscis.gov/humanitarian/temporary-protected-status#What%20is%20TPS?

  1. You must file for TPS during the open initial registration or reregistration period, or meet the requirements for late filing.
  1. You must have been physically present in the continuously since the date of the most recent designation of our country for TPS; and
  1. You must have resided continuously in the US since the date set for your country by the US. This date is usually the same as, or before, the date required for physical presence.

Who is not eligible for TPS?

  1. Anyone convicted in the US of any felony or two more misdemeanors.
  1. Anyone who is not admissible to the US based on criminal or security grounds.
  1. Anyone who is not able to meet the continuous physical presence and continuous residence requirements above.
  1. Anyone who has not met the initial or late initial TPS registration requirements.
  1. Anyone granted TPS who failed to re-register for TPS without good cause.