Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries facing ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. TPS allows beneficiaries to live and work in the United States legally for a specified period, which may be extended depending on the conditions in their home country.
TPS designations are subject to change, and the list of designated countries can vary over time. As of my knowledge cutoff date in September 2021, the countries designated for TPS included El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen. You should always check the current list of designated countries on the USCIS website or consult an immigration attorney for the most up-to-date information.
To apply for TPS, you must submit Form I-821 (Application for Temporary Protected Status) to USCIS, along with any required supporting documents and fees. You may also apply for an Employment Authorization Document (EAD) by submitting Form I-765 (Application for Employment Authorization) and the required fees.
To be eligible for TPS, you must:
- Be a national of a designated TPS country or a person without nationality who last habitually resided in the designated country
- Have been continuously physically present in the United States since the effective date of the TPS designation for your country
- Have been continuously residing in the United States since a specified date for your country
- Not have a criminal record or pose a threat to national security
- Register for TPS during the initial registration or re-registration period
Yes, but you must first obtain a travel document called “Advance Parole” by submitting Form I-131 (Application for Travel Document) to USCIS and receiving approval. Traveling outside the U.S. without Advance Parole can result in the loss of your TPS status.
TPS is a temporary status that lasts for an initial period of 6 to 18 months, depending on the country designation. The Department of Homeland Security (DHS) may extend the TPS designation if conditions in the designated country have not improved sufficiently. TPS beneficiaries must re-register for each extension period to maintain their status.
TPS itself does not provide a direct path to permanent residency or citizenship. However, TPS beneficiaries who are otherwise eligible for a green card or citizenship through family, employment, or other immigration categories may pursue those options independently.
If your TPS application is denied, you may lose your temporary protection and work authorization. In some cases, you may be placed in removal proceedings. It is essential to consult with an immigration attorney to explore other potential options for maintaining your lawful presence in the United States.
Yes, TPS beneficiaries are eligible to work in the United States. To do so, you must obtain an Employment Authorization Document (EAD) by submitting Form I-765 (Application for Employment Authorization) and the required fees to USCIS.
If your country’s TPS designation is terminated, your TPS status and work authorization will eventually expire