Certain foreign countries are designated by the Secretary of Homeland Security for Temporary Protected Status (TPS). This can occur when conditions in that country temporarily prevent the country’s nationals from returning safely; for example, when a country is experiencing armed conflict, an environmental disaster or an epidemic, it might be designated for TPS. Sometimes, a country is unable to adequately handle the return of its nationals, and that might also lead to TPS.
When a country is designated for TPS, eligible nationals who are already in the United States may be granted TPS. Also, eligible individuals without nationality who last resided in the designated country may be granted TPS.
TPS is a temporary benefit that does not lead to lawful permanent resident status (a green card); however, once granted TPS, an individual cannot be detained on the basis of his or her immigration status.
Individuals who are eligible for TPS are not removable from the US, can obtain an employment authorization document (EAD), and may be granted travel authorization. Registering for TPS does not prevent an individual from applying for any other immigration benefit or protection he or she might be eligible for.
Once a country is designated for TPS, there is a registration period and eligible individuals must apply during that time. There are provisions for late applications, including for children and spouses of individuals eligible for TPS who must file their own applications. Once an individual is granted TPS, he or she must re-register during re-registration periods to maintain benefits.
Eligibity
1. Individuals applying for TPS must be nationals of a country designated by the U.S. government for TPS status.
2. Applicants must have been physically residing in the US without extended absence since the effective date specified by DHS for their country’s TPS designation.
3. Individuals who have been convicted of any felony or two or more misdemeanors committed in the United States may not be eligible for TPS. Those individuals subject to any of the mandatory bars to asylum (such as terrorist activity or persecution of another individual) or found inadmissible as an immigrant may not be eligible for TPS.
4. Anyone who would not be considered admissible to the U.S. or eligible for a waiver of inadmissibility might not be approved for TPS.
5. Compliance with immigration laws and regulations, such as not being subject to removal or deportation proceedings for certain reasons.
6. People who do not have an official nationality may apply if the TPS country is the last country they live in.