What is a temporary protective status, and who qualifies?

Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to return. 

What is Temporary Protected Status (TPS)?

TPS is a temporary immigration status granted by the United States to eligible nationals of designated countries. The designation is made by the Secretary of Homeland Security due to conditions in the country that temporarily prevent its nationals from returning safely, such as:

• Ongoing armed conflict (e.g., civil war)

• Environmental disasters (e.g., earthquake, hurricane) or an epidemic

• Other extraordinary and temporary conditions

Benefits of TPS

Individuals granted TPS are:

• Not removable from the United States and cannot be detained by DHS on the basis of their immigration status.

• Eligible for an employment authorization document (EAD).

• Eligible for travel authorization.

Eligibility Criteria for TPS

To qualify for TPS, you must:

1. Be a National of a Designated Country: Your country must be designated for TPS by the Secretary of Homeland Security.

2. Continuous Physical Presence: You must have been continuously physically present in the United States since the effective date of the most recent designation date of your country.

3. Continuous Residence: You must have continuously resided in the United States since the date specified for your country.

4. Admissibility: You must be admissible as an immigrant and not ineligible under certain criminal and security-related bars.

Designated Countries

The list of TPS-designated countries can change. As of the latest update, some of the countries designated for TPS include:

• El Salvador

• Haiti

• Honduras

• Nepal

• Nicaragua

• Somalia

• Sudan

• South Sudan

• Syria

• Venezuela

• Yemen

Application Process for TPS

1. File Form I-821

• Form I-821: Submit Form I-821, Application for Temporary Protected Status, to U.S. Citizenship and Immigration Services (USCIS).

• Filing Fees: Pay the required filing fees or request a fee waiver if eligible.

2. Submit Supporting Documents

• Identity and Nationality Evidence: Submit documents proving your identity and nationality, such as a passport or birth certificate.

• Proof of Residence: Provide evidence of continuous residence and physical presence in the United States, such as utility bills, rental agreements, or school records.

• Photographs: Include passport-style photographs as specified in the instructions.

3. Biometrics Appointment

• Biometrics: Attend a biometrics appointment to provide fingerprints, photographs, and a signature.

4. Employment Authorization

• Form I-765: If you want to work in the U.S., file Form I-765, Application for Employment Authorization, along with Form I-821.

Renewal of TPS

TPS is granted for a specified period, typically 6, 12, or 18 months, and can be extended if conditions in the country do not improve. To maintain TPS, beneficiaries must re-register during each re-registration period.

Keywords

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Conclusion

Temporary Protected Status provides critical relief to nationals of countries experiencing severe conditions that prevent safe return. Understanding the eligibility criteria and application process is essential for those seeking to benefit from TPS.

If you have any questions or need legal assistance with your TPS application, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.