Imagine being forced to flee your home country due to a sudden, life-threatening crisis—whether war, a natural disaster, or political unrest. Temporary Protected Status (TPS) is a program designed to protect individuals in these difficult situations who are already in the United States when their country’s situation escalates.
As of March 31, 2024, more than 863,000 people held TPS in the U.S., with hundreds of thousands more applications pending or potentially eligible. For these individuals, TPS offers a temporary safe harbor in the U.S., including work authorization and protection from deportation. But what is temporary protected status, and who qualifies for it?
What Is Temporary Protected Status?
Temporary Protected Status (TPS) is a humanitarian program established in 1990 under the Immigration Act. It provides a temporary immigration status for individuals from countries facing extraordinary conditions that make it dangerous for their nationals to return. Examples include:
- Ongoing armed conflict: Such as civil wars or other forms of large-scale violence.
- Environmental disasters: Including natural events like earthquakes, hurricanes, or pandemics.
- Extraordinary and temporary conditions: Situations that severely affect residents’ daily lives and well-being, such as epidemics or extreme political upheaval.
Under TPS, eligible foreign nationals already in the U.S. can temporarily live and work without facing deportation. Importantly, TPS does not grant lawful permanent residence (green card) or citizenship or automatically provide a pathway to these. However, TPS can provide vital temporary relief and security to those in the program.
Currently, nationals from several designated countries are eligible for TPS, although these designations change as conditions improve or worsen in each country.
Who Has the Authority to Designate a Country for TPS?
The Secretary of Homeland Security can designate or redesignate a country for TPS. This decision is discretionary, meaning it isn’t subject to judicial review, and is made based on consultations with various government agencies. The Secretary typically consults the Department of State, the National Security Council, and sometimes the Department of Justice (DOJ). These consultations help the Secretary determine if a country’s circumstances warrant a TPS designation or an extension of the current designation.
Once designated, a country’s TPS status is reviewed periodically, and extensions or redesignations may be granted if conditions remain unsafe or unstable. TPS designations and eligibility dates for each country are published by U.S. Citizenship and Immigration Services (USCIS) and are subject to regular updates.
Who Is Eligible for TPS?
To qualify for TPS, individuals must meet specific requirements:
- Nationality Requirement: They must be nationals of the designated TPS country or, if stateless, must have last habitually resided in the designated country.
- Continuous Physical Presence (CPP): Applicants must have been physically present in the United States since the effective date of the TPS designation.
- Continuous Residence (CR): Applicants must have resided continuously in the United States since a date specified by the Secretary of Homeland Security.
- Admissibility and Security Concerns: Individuals with certain criminal convictions, such as a felony or two or more misdemeanors, or considered a threat to national security are ineligible for TPS.
Those who qualify must register during a specified period, pay relevant application fees, and undergo biometrics and background checks. Notably, a person’s prior immigration status, such as entering without inspection or having a previous removal order, does not affect eligibility for TPS itself. However, they must fulfill all other eligibility criteria for approval.
Does TPS Create a Path to Permanent Residence or Citizenship?
No, TPS does not directly lead to permanent residency or citizenship. However, TPS holders who qualify for permanent residency through family- or employment-based petitions may apply for adjustment of status if they meet additional requirements. For instance:
- Adjustment of Status (AOS): AOS within the U.S. generally requires a person to enter the U.S. lawfully. However, TPS holders initially entering the U.S. without inspection face legal limitations. A 2021 Supreme Court ruling clarified that TPS holders who entered without inspection cannot adjust their status from within the U.S.
- Consular Processing: TPS recipients who entered without inspection may still pursue a family-based or employment-based green card by applying through consular processing. However, this process often requires them to leave the U.S., which can trigger re-entry bars of up to 10 years, depending on the individual’s time in the U.S. without lawful status.
- Advance Parole: Some TPS holders who obtained advance parole and left the U.S. may qualify to re-enter legally. Once re-admitted, they may be able to apply for a green card if otherwise eligible. In 2022, USCIS clarified that TPS holders could use a TPS-specific travel document for this purpose, providing a legal entry to support their green card application.
Due to the complexities surrounding the adjustment of status for TPS holders, it’s wise to seek guidance from an immigration attorney to evaluate individual eligibility and potential barriers.
Contact an Immigration Lawyer for TPS Support
Understanding what a Temporary Protected Status (TPS) is and navigating its complexities can be daunting. This process requires careful attention to detail, adherence to strict timelines, and an awareness of the evolving legal landscape. Individuals interested in applying for TPS or exploring potential pathways to permanent residence should strongly consider seeking guidance from an experienced immigration lawyer to help ensure their application is accurate and complete.
The 360 Immigration Law Group is available for consultations in English, Spanish, and Portuguese, helping clients confidently address complex immigration issues. Our team can provide clarity on the TPS process, ensure accurate application submission, and evaluate options for permanent residency. To speak with a qualified immigration attorney, call 954.667.3660 today to schedule a consultation.