Immigration Law

What Is Temporary Protected Status (TPS)?

Short Answer

    Temporary Protected Status (TPS) is a temporary immigration benefit granted by the United States Department of Homeland Security to nationals of certain countries experiencing extraordinary and dangerous conditions. This status allows individuals to live and work in the U.S. temporarily without fear of deportation. TPS is not a path to permanent residency but can be renewed if conditions in the designated country remain unsafe. Eligibility requires being from a designated country and meeting specific residency and registration criteria.

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. TPS status is for six to 18 months and can be extended after re-designation. TPS is only a temporary benefit and is not a direct avenue for individuals to receive permanent residence (green card).

The Trump Administration has made significant changes to the TPS program, including eliminating eligibility for many with protected status. Even if you get TPS, it can be terminated following a formal process, which includes notice periods, due to changes in designation or policy. Contact a local immigration lawyer as soon as possible for the current situation and how to protect yourself and your family.

“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 ongoing armed conflict
  • Natural disasters or environmental disasters, including hurricanes, earthquakes, floods, and epidemics
  • Other temporary or extraordinary circumstances

When Does a Person Qualify for TPS Benefits?

To be eligible for TPS, you must be a national of one of the designated countries. File for TPS status during open initial registration or the re-registration period. You must remain physically present in the U.S. since the effective date of designation and continuously reside in the U.S. since the date specified.

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 remain in the U.S.

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

To file for TPS, you need to complete the Temporary Protected Status Application (USCIS Form I-821).

Inadmissibility for TPS

Even if you meet the eligibility requirements, you may not be eligible for TPS or to continue TPS if you:

  • Conviction for any felony or two or more misdemeanor offenses
  • Are an inadmissible immigrant under INA section 212(a), including non-waivable criminal and security-related grounds
  • Are subject to mandatory bars to asylum, including for participating in the persecution of another individual or engaging in terrorist activity
  • Do not qualify for continuous physical presence and continuous residence
  • Fail to establish applicable grounds for TPS registration
  • Failure to re-register for TPS, as required

What Happens After Filing for Temporary Protected Status?

After the U.S. Citizenship and Immigration Services receives your Form I-821, Application for Temporary Protected Status, they will review the application forms to make sure they are complete and have the necessary filing fee. If your case is initially accepted, you should get a receipt notice to check the status of your case online. If USCIS rejects your application, you can refile within the designation period after addressing any errors.

USCIS may contact you for an appointment notice to go to the Application Support Center to collect biometrics, including a photo, signature, and fingerprints. This information is also used for identity verification, background checks, and approval for employment authorization

If USCIS denies your application, you should get notice of your right to appeal. Generally, you have 30 days to file an appeal with the Administrative Appeals Office (AAO). You can also request a review of the TPS application decision if you are in removal proceedings.

Designated TPS Countries

If you come from a TPS-designated country and meet the requirements, you may qualify for benefits. This allows you to stay in the U.S. and get a temporary work permit.

Qualifying TPS countries include:

  • Afghanistan (Expires May 20, 2026)
  • Burma (Myanmar) (Expires Nov 25, 2025)
  • Cameroon (Expires Dec 7, 2025)
  • El Salvador (Expires Sep 9, 2026)
  • Ethiopia (Expires Dec 12, 2025)
  • Haiti (Expires Aug 3, 2027)
  • Somalia (Expires Mar 17, 2026)
  • South Sudan (Expires May 3, 2026)
  • Sudan (Expires Oct 19, 2026)
  • Syria (Expires Nov 21, 2025)
  • Ukraine (Expires Oct 19, 2026)
  • Venezuela (Expires Nov 7, 2025)
  • Yemen (Expires Sep 3, 2027)

TPS status for many of the above designated countries is subject to change. The Secretary of Homeland Security has the authority to terminate TPS for specific countries, but such decisions are often subject to legal challenges and reviews. Some of these changes are temporarily halted pending legal actions. Check the USCIS website for updates on TPS eligibility.

If you have TPS status and want to know if you will lose your TPS protections, talk to an immigration attorney about your legal options. Your immigration lawyer can keep you up-to-date about the current TPS. Your attorney can also explain legal options to get legal status and avoid deportation. Contact an experienced immigration lawyer for more information about TPS protections.

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