An Overview of Temporary Protected Status (TPS)

By September 20, 2016 Uncategorized No Comments

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Temporary Protection Status, or TPS, is a temporary status given to foreign nationals that are currently unable to return to their country safely due to the conditions of their country. Some of these conditions include:

  • Ongoing armed conflict, such as civil war
  • An environmental disaster, such as an earthquake or hurricane
  • An epidemic
  • Other extraordinary and temporary conditions

Those who are granted TPS are given the following benefits:

  • They cannot be removed from the United States except for serious crimes
  • They are able to receive an employment authorization document (EAD)
  • They may be granted travel authorization
  • They cannot be detained by the Department of Homeland Security based solely on their immigration status

However, TPS is only temporary, and does not lead to lawful permanent residence. But, it is sometimes possible to:

  • Apply for a nonimmigrant status, such as an employment-based visa
  • File for an adjustment of status to become a legal permanent resident if someone has submitted an immigrant petition on your behalf
  • Apply for any other immigration benefit or protection that you are eligible for

Who is eligible?

You are eligible if you:

  • Are from a country designated for TPS
  • You do not have a nationality, but last resided in a country designated for TPS
  • File for TPS during the open initial registration period
  • Have been continuously physically present and continuously residing in the United States since your country was last designated for TPS

What to file?

Along with your TPS application (Form I-821) and Employment Authorization application (Form I-765), you must submit the following:

  • Proof of identity to show that you are from a country designated for TPS
  • Date of entry evidence to demonstrate when you entered the United States
  • Continuously residing evidence to demonstrate that you have been living in the United States since the date specified for your country

Countries Currently Designated for TPS:

  • El Salvador
  • Guinea
  • Haiti
  • Honduras
  • Liberia
  • Nepal
  • Nicaragua
  • Sierra Leone
  • Somalia
  • Sudan
  • South Sudan
  • Syria
  • Yemen

These are some general guidelines and information concerning TPS summarized from USCIS. Our office has many years of experience representing those seeking TPS, so if you feel you may be eligible, feel free to contact us.

For further information about the application process and TPS designation and expiration dates, please visit the following USCIS page:

https://www.uscis.gov/humanitarian/temporary-protected-status