Temporary Protected Status (TPS)

Temporary Protected Status (TPS)

What exactly is TPS?


The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) because of conditions in the country that temporarily prevent its citizens from safely returning, or because the country cannot adequately handle the return of its citizens in certain circumstances. USCIS may grant TPS to:


  • Eligible citizens of certain countries (or parts of countries) who are already in the United States are eligible.
  • TPS may also be granted to eligible individuals without nationality who have previously resided in the designated country.


Latin American countries with Temporary Protected Status (TPS):


  • Haiti
  • El Salvador
  • Honduras
  • Nicaragua
  • Venezuela


The Secretary may designate a country for TPS due to the following temporary conditions in the country:

 

  • armed conflict (such as civil war)
  • A natural disaster (such as an earthquake or hurricane) or an epidemic
  • Other unusual and temporary circumstances


Individuals who are TPS beneficiaries or who are preliminarily determined to be eligible for TPS based on an initial evaluation of their cases (prima facie eligible):


  • They are not admissible in the United States.
  • You can acquire an employment authorization document (EAD)
  • A travel authorization may be issued.


Once granted TPS, DHS cannot detain a person because of his or her immigration status in the United States.


TPS is a temporary benefit that does not result in lawful permanent resident status or any other type of immigration status. However, registering for TPS does not prevent you from doing the following:


  • Applying for nonimmigrant status
  • Filing an application for adjustment of status based on an immigrant petition
  • Apply for any additional immigration benefits or protections for which you may be qualified

 

PLEASE NOTE: To receive any other immigration benefit, you must still meet all eligibility requirements for that benefit. An application for TPS is unrelated to an application for asylum or another immigration benefit, and vice versa. The denial of an application for asylum or any other immigration benefit does not impact your ability to register for TPS, although the grounds for denial of that application may also result in the denial of TPS.


Eligibility Requirements

To be eligible for TPS, you must meet the following requirements:


  • Be a citizen of a TPS-eligible country or a person without nationality who habitually resided in the selected country;
  • File during the open initial registration or re-registration period, or if you meet the conditions for late initial filing during any extension of your country's TPS designation;
  • You have been continuously physically present (CPP) in the U.S. since the effective date of your most recent country designation date; and
  • You must have been a continuous resident (CR) in the U.S. since the date listed for your country. (See your country's TPS webpage on the left.) For brief, casual, and innocent departures from the United States, the law provides an exception to the continuous physical presence and continuous residence requirements. When applying or re-registering for TPS, you must notify USCIS of all absences from the U.S. since the CPP and CR dates. USCIS will decide whether the exception applies to your case.


TPS Maintenance


Once you have been granted TPS, you must re-register during each re-registration period to maintain your TPS benefits. This applies to all TPS recipients, including those issued by USCIS, an immigration judge, or the BIA.


Avoiding scams


Please be aware that some unauthorized professionals may try to exploit you by pretending to be able to file TPS paperwork. These same individuals may request that you pay them to file such forms. Alejandro Roque ESQ wants to ensure that all future TPS candidates are aware of how to acquire real and correct legal advice and support.


We do not want you to fall victim to an immigration scam. If you need legal assistance in immigration matters, make sure the person assisting you is licensed to do so. Legal advice can only be provided by an attorney or an accredited person working for an agency registered with the Department of Justice (DOJ).


Who can I appoint to represent me before immigration services?


You may be represented before USCIS by an attorney or a DOJ-accredited representative.

If you have a legal representative, U.S. Citizenship and Immigration Services will provide them with information about your case.


CALL OR CONTACT ALEJANDRO ROQUE ESQ. LAWY IMMIGRATION OFFICES NOW TO BOOK YOUR FREE PHONE EVALUATION*.

Share by: