To be eligible for Temporary Protected Status (TPS), you must be a national of a TPS–designated country and have continually resided in the U.S. since the specified country date. You also cannot have a felony conviction or more than two misdemeanor convictions,
The rules surrounding TPS in the U.S. are complex and subject to change due to decisions from the Department of Homeland Security (DHS). If you have further questions about TPS, you can talk to an immigration lawyer about your case.
What Is TPS?
TPS is a type of temporary immigration status that provides protection to foreign nationals who are from nations experiencing war, environmental disaster, or other extreme conditions. Individuals from TPS-designated countries cannot be deported or otherwise removed from the U.S. and are eligible for employment and travel authorization.
TPS protections were introduced as part of the Immigration Act of 1990 to provide a safe haven to foreign nationals who may face danger or physical harm if they return home.
Eligibility Requirements for Temporary Protected Status
Eligibility for Temporary Protected Status is not automatic, and individuals must specifically apply for protection. There are four key requirements to be eligible for TPS protections:
- You must be a national of a country that has a current TPS designation and habitually resided in that country.
- You must file for open registration or re-registration, or you must meet eligibility requirements for late filing during a TPS extension.
- You have been physically present in the U.S. continually since at least the last effective date for your designated country.
- You have been continually residing in the U.S. since the date for your specified country.
Note that there is a distinction between physically present and continually residing for the purpose of TPS. Continual residence means you currently live in the U.S., and physically present means you are physically present in the country.
Disqualification Conditions
DHS also has specific conditions that will disqualify one from receiving TPS status:
- You have a felony conviction or two misdemeanor convictions on your record.
- You are inadmissible for immigration due to criminal and security-related grounds.
- You are not eligible to claim asylum due to participating in persecution or terrorist activity.
- You are not physically present or don’t continually reside in the U.S.
- You fail to re-register TPS status without “good cause.”
Applying for TPS
In order to apply for TPS, you must fill out Form I-821: Application for Temporary Protected Status. While filling out Form I-821, you can also request employment authorization at the same time by filling out Form I-765, Request for Employment Authorization.
You must also submit evidence of your nationality and continuous residence in the U.S. Failing to provide adequate documentation will result in your application being denied. Acceptable evidence includes a passport, birth certificate, or other nationality-related documents.
Note that being granted TPS doesn’t guarantee a path to citizenship or permanent residence.
How Long Does TPS Last?
The length of TPS designations can vary based on the circumstances, but most last for anywhere between six and 18 months.
Before a current TPS designation expires, the Secretary of Homeland Security must determine whether conditions warrant extending or terminating the protection.
Which Countries Are TPS Designated?
DHS has the authority to grant a specific nation a TPS designation. Typically, this is done for one of three reasons:
- War or armed conflict. Foreign nationals may be at risk if deported to countries undergoing armed conflicts, such as a civil war.
- Natural disaster. Natural disasters, such as hurricanes, floods, earthquakes, or epidemics, can make it so that home countries cannot handle the return of populations.
- Extreme conditions. Other extreme and temporary conditions, such as a coup or revolution, may be grounds for TPS designation.
Generally, the Secretary of Homeland Security consults with the National Security Council on which nations to grant TPS designation. The Secretary’s ability to name a country TPS-designated is typically not subject to judicial review, but the order to cancel existing TPS designations may be.
Note that under the current Trump administration, several changes to TPS designations have been made. Some of these decisions have been reversed or postponed by judges, though others are still in litigation. If you are from a country that has a TPS designation but are not sure if you currently do, you can talk to an immigration lawyer about your options.
How a Lawyer Can Help Apply for TPS
If you believe you are eligible for TPS or would like to re-register for TPS, you should speak to an immigration lawyer. A lawyer can help you gather the appropriate primary evidence and submit documents to the U.S. government. A lawyer can also appeal decisions and help with immigration issues related to obtaining TPS.
Contact an Immigration Lawyer Today
Do you have more questions about your eligibility for Temporary Protected Status? If so, contact our offices online or call us today to talk to an immigration lawyer from Mendoza Law.