TEMPORARY PROTECTED STATUS

Another form of protection offered by the US government is temporary protected status (TPS). TPS is a temporary immigration status granted to eligible nationals of designated countries. The Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions.

How does TPS work?

During the period for which a country has been designated for TPS, beneficiaries may stay in the United States and may obtain work permits. However, TPS does not lead to permanent resident status. When TPS ends for a country, beneficiaries go back to the same immigration status they had before TPS (unless that status had since expired or been terminated). If an alien had unlawful status before TPS and did not obtain any status during the TPS designation, he or she would again be in unlawful status.

Who is eligible for TPS?

An individual who is a national of a country (or has no nationality and last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she:

  • Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;
  • Is not subject to one of the criminal, security-related, or other bars to TPS; and
  • Timely applies for TPS benefits.

If the TPS designation is extended beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.

An alien is not eligible for TPS if he or she:

  • Has been convicted of any felony or two or more misdemeanors committed in the United States;
  • Is a persecutor, or otherwise subject to one of the bars to asylum; or
  • Is subject to one of several criminal-related or terrorism-related grounds of inadmissibility for which a waiver is not available.

The content of this website is meant only to acquaint you with general information about immigration.This information is not legal advice and is not a substitute for having a consultation with an attorney. If you have additional questions or would like to schedule a consultation, please contact us.