Temporary Protected Status (TPS): Protection for Those in Need
Temporary Protected Status (TPS) is a humanitarian program in the United States that provides temporary relief and protection to foreign nationals from specific countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions.
TPS allows eligible individuals to live and work in the U.S. legally for a designated period without fear of deportation.
TPS is granted by the Secretary of Homeland Security to individuals from countries that meet specific criteria, such as:
- Ongoing armed conflict (e.g., civil war).
- Environmental disasters (e.g., hurricanes, earthquakes, or epidemics) and the inability of the country to handle the return of its nationals.
- Extraordinary and temporary conditions that make it unsafe for individuals to return.
The program is temporary and does not lead to permanent residency or citizenship. However, TPS holders may apply for other immigration benefits if they qualify.
Benefits of TPS
TPS provides several key protections and benefits:
- Protection from Deportation: TPS holders cannot be removed from the U.S. while they maintain their status.
- Work Authorization: TPS recipients can apply for an Employment Authorization Document (EAD) to work legally in the U.S.
- Travel Authorization: TPS holders may apply for advance parole to travel outside the U.S. and return lawfully.
- Access to Certain Benefits: Depending on state laws, TPS recipients may qualify for certain public benefits or driver’s licenses.
Who is Eligible for TPS?
To qualify for TPS, applicants must meet the following criteria:
- Nationality: Be a national of a country designated for TPS, or a stateless person who last resided in a designated country.
- Continuous Residence: Have continuously resided in the U.S. since the date specified in the TPS designation for their country.
- Physical Presence: Have been continuously physically present in the U.S. since the effective date of the country’s TPS designation.
- No Criminal Record: Applicants must not have been convicted of a felony or two or more misdemeanors in the U.S. and must not pose a threat to public safety or national security.
- Timely Registration: File during the initial registration period or during a re-registration period if already granted TPS. Late applications may be accepted with a valid explanation.
Countries Currently Designated for TPS
The list of TPS-designated countries changes over time. Some examples of countries with TPS designations include:
- Afghanistan
- Burma (Myanmar)
- Cameroon
- El Salvador
- Ethiopia
- Haiti
- Honduras
- Lebanon
- Nepal
- Nicaragua
- Somalia
- South Sudan
- Sudan
- Syria
- Ukraine
- Venezuela
- Yemen
Why Legal Assistance is Important
Applying for TPS can be complicated, and missing documentation or deadlines can result in denial.
An immigration attorney can help you:
- Prepare your application.
- Gather the necessary evidence.
- Address potential issues, such as criminal records or late registration.
