Understanding Temporary Protected Status (TPS): Basics and Eligibility

What Is Temporary Protected Status (TPS)? A Comprehensive Guide

Temporary Protected Status (TPS) is a humanitarian immigration status granted to foreign nationals from designated countries that are experiencing armed conflict, natural disasters, or other extraordinary conditions that make it unsafe for their nationals to return. TPS is not a path to a green card or U.S. citizenship, but it provides temporary legal status, work authorization, and protection from deportation for eligible individuals while their country remains designated for TPS.

The Houston Immigration attorneys at BBA Immigration outline what TPS is, who qualifies, how to apply, and the benefits it provides to foreign nationals seeking protection in the United States.

What Is TPS?

TPS is a form of temporary immigration relief established by Congress under the Immigration Act of 1990. It allows individuals from designated countries to remain in the U.S. and work legally for a specified period, which is typically 6, 12, or 18 months but can be extended at the discretion of the U.S. government.

The U.S. Department of Homeland Security (DHS) determines which countries receive TPS designation based on factors such as:

• Ongoing armed conflict (e.g., civil war, military occupation).
• Environmental disasters (e.g., hurricanes, earthquakes, or pandemics).
• Extraordinary and temporary conditions (e.g., political instability, widespread violence, or severe economic crisis).

As of recent years, TPS has been granted to individuals from countries including Haiti, El Salvador, Venezuela, Ukraine, Afghanistan, and others facing significant crises.

Who Qualifies for TPS?

Not all nationals from a TPS-designated country automatically qualify. Applicants must meet specific eligibility requirements, including:

1. Nationality Requirement

• You must be a citizen or national of a country currently designated for TPS.
• If you are stateless but last resided in a TPS-designated country, you may also qualify.

2. Continuous Physical Presence in the U.S.

• You must have been physically present in the U.S. since the date your country was designated for TPS.
• Leaving the U.S. after designation may disqualify you unless you obtain Advance Parole for authorized travel.

3. Continuous Residence in the U.S.

• You must have continuously resided in the U.S. since the date specified in the Federal Register for your country’s TPS designation.

4. Criminal and Security-Related Grounds for Ineligibility

Certain criminal convictions and security concerns can disqualify an applicant from receiving TPS, including:

• Felony convictions in the U.S.
• Two or more misdemeanors committed in the U.S.
• Participation in terrorist activities or persecuting others
• Failure to meet asylum-related security requirements

5. Filing During the Registration Period

• TPS applicants must submit their applications within the designated registration period unless they qualify for late initial filing.
• Extensions or redesignations may provide additional opportunities for those who missed the original deadline.

How to Apply for TPS

Applying for TPS involves filing required forms with U.S. Citizenship and Immigration Services (USCIS) and providing supporting documentation.

Step 1: File Form I-821 (Application for Temporary Protected Status)

• This is the primary application form used to request TPS benefits.
• If you want work authorization, you must also file Form I-765 (Application for Employment Authorization).

Step 2: Provide Supporting Evidence

Applicants must submit documents to prove their:

• Nationality (passport, birth certificate, or national ID).
• Continuous residence and physical presence (rental agreements, utility bills, school or employment records).
• Eligibility for work authorization (if requesting an Employment Authorization Document (EAD)).

Step 3: Pay Filing Fees (or Request a Fee Waiver)

• TPS applicants must pay processing fees, which vary depending on age and work authorization requests.
• Applicants facing financial hardship can request a fee waiver by filing Form I-912.

Step 4: Attend Biometrics Appointment (If Required)

• USCIS may require applicants to attend a biometrics appointment to collect fingerprints and conduct background checks.

Step 5: Wait for USCIS Decision

• USCIS will review the application, check security databases, and issue a decision.
• If approved, the applicant receives TPS status and, if requested, work authorization.

What Are the Benefits of TPS?

1. Protection from Deportation

• TPS holders cannot be deported while their status is active, providing relief from removal proceedings.

2. Work Authorization (EAD)

• TPS recipients are eligible for an Employment Authorization Document (EAD), allowing them to legally work in the U.S.

3. Ability to Apply for Travel Authorization

• TPS holders can apply for Advance Parole (Form I-131) to travel outside the U.S. and return legally.
• However, traveling without Advance Parole can lead to losing TPS status.

4. Potential Pathways to Other Immigration Relief

• TPS is not a direct pathway to a green card or citizenship.
• However, TPS holders may be eligible for other immigration options, such as:
  • Family-based green cards.
  • Employment-based visas.
  • Asylum (if eligible).

Can TPS Be Revoked?

TPS is temporary and can be terminated by DHS if conditions in the designated country improve. When a country’s TPS designation ends, beneficiaries must:

• Find another lawful immigration status (e.g., family or employment-based visa).
• Return to their home country (if no other immigration relief is available).
• Seek legal assistance to explore options such as asylum or lawful permanent residency.

Frequently Asked Questions (FAQs) About TPS

Can TPS Holders Apply for a Green Card?

TPS does not automatically lead to a green card, but some individuals may adjust their status through family, employment, or asylum-based petitions.

Can TPS Holders Travel Internationally?

Yes, but they must apply for Advance Parole before traveling. Leaving without authorization may jeopardize their TPS status.

What Happens If My TPS Application Is Denied?

If denied, USCIS will notify the applicant of the reasons and provide options for appeals or motions to reopen the case.

Can TPS Be Extended?

Yes, DHS can extend TPS designations based on ongoing conditions in the designated country. Beneficiaries must re-register during each extension period.

Contact BBA Immigration

Temporary Protected Status (TPS) provides crucial relief for foreign nationals who cannot safely return to their home countries due to war, natural disasters, or other crises. While TPS is not a pathway to permanent residency, it offers legal work authorization and protection from deportation, allowing beneficiaries to build their lives in the U.S. until conditions improve in their home country.

For those considering TPS or seeking guidance on the application process, understanding eligibility, deadlines, and legal requirements is essential to maintaining lawful status and securing future immigration options.

If you need help applying for TPS or exploring your immigration options, BBA Immigration Law Firm is here to assist. Our experienced attorneys can guide you through the process and ensure compliance with USCIS requirements. Contact us today for expert legal assistance.

Sources:

uscis.gov/i-9-central/completing-form-i-9/temporary-protected-status-and-deferred-enforced-departure

americanimmigrationcouncil.org/research/temporary-protected-status-overview#:~:text=Temporary%20Protected%20Status%20(TPS)%20is,nationals%20to%20be%20deported%20there.