What Is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a provisional benefit. It allows people already in the United States who come from certain countries with extraordinary and dangerous conditions to legally live and work temporarily.

The United States Department of Homeland Security (DHS) designates which foreign nationals can benefit from the program temporarily. It is granted for six to 18 months and can be extended. TPS is only a temporary benefit and is not a direct avenue for individuals to receive permanent residence (“green card“) or any other type of immigration status.

The U.S. Provides TPS For Select Countries

TPS is a special designation that the DHS gives to some countries with dangerous or temporary conditions. These circumstances typically could prevent their citizens from returning safely to their home country.

In other special circumstances, countries are included in the TPS list if:

People can claim to have a nationality admitted to TPS because that country was their last place of residence. This allows them to qualify for temporary protected status, even if they do not have citizenship in that country.

Conditions of a Country That Qualifies for TPS

Countries that have the following social contexts may be eligible to receive a TPS designation:

  • Security concerns and social unrest, such as a civil war or armed conflict in progress
  • Natural disasters such as hurricane, earthquake, or illness
  • Crippling poverty or lack of access to food and basic resources
  • Some instances surrounding the COVID-19 pandemic
  • Other temporary or extraordinary circumstance

When Does a Person Qualify for TPS Benefits?

Immigrants who become TPS beneficiaries generally cannot be relocated from the United States. However, they may receive a travel authorization depending on the circumstances.

TPS beneficiaries are eligible to receive an employment authorization document (EAD) and obtain legal status that allows them to remain on U.S. land.

TPS recipients can do the following if they wish to remain in the U.S.:

  • Apply for nonimmigrant status
  • Apply for an adjustment of status
  • Apply for other immigration programs or protections for which they are eligible

Qualifying for TPS status does not give the immigrant any special advantage when applying for other types of immigration benefits. The applicant must meet all the eligibility requirements of U.S. Immigration law for any other benefits they need.

In this regard, TPS resident status will not prevent or help the individual for qualifying for asylum. Similarly, being denied or granted asylum does not affect a person’s ability to obtain TPS, but may be denied for the same reasons.

Are You From a Country Designated With TPS?

If you come from countries designated with TPS and meet the requirements, you may qualify for the benefits of the temporary protection program. This will allow you to stay and obtain a temporary work permit in the U.S.

The countries included are:

  • El Salvador
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Somalia
  • Sudan
  • South Sudan
  • Syria
  • Venezuela
  • Yemen

TPS has its own special rules and requirements, just like any application you make through USCIS. If you are approved for the temporary TPS benefit, you must remember that you will have to re-enroll to extend your permission.

We recommend reading about how to apply for temporary protected status or discussing with an immigration attorney.

Speak to an Experienced Immigration Attorney Today

When it comes to immigration and whether you can live and work where you want, every detail matters. When the slightest paperwork error or missed deadline can mean years of delays, it is essential to do things right the first time. An experienced immigration lawyer can address your particular needs with temporary protected status, and put you in the best position for a positive outcome. Take the first step now and contact a local immigration attorney to discuss your rights and specific situation.

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