Temporary Protected Status

What is Temporary Protected Status (TPS)?

TPS is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 ("IMMACT"), P.L. 101-649, Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions.

During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS designation, the alien reverts to unlawful status upon the termination of that TPS designation.

Who is Eligible for TPS?

An alien who is a national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she:

• Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;
• Is not subject to one of the criminal, security-related, or other bars to TPS; and
• Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.

Who is Not Eligible for TPS?

An alien is not eligible for TPS if he or she:

• Has been convicted of any felony or two or more misdemeanors committed in the United States;
• Is a persecutor, or otherwise subject to one of the bars to asylum; or
• Is subject to one of several criminal-related or terrorism-related grounds of inadmissibility for which a waiver is not available.

Click on the links below for more information on the countries designated for Temporary Protected Status:

• Burundi
• El Salvador
• Honduras
• Liberia
• Nicaragua
• Somalia
• Sudan
• Deferred Enforced Departure

To learn more about TPS and to discuss your eligibility for this program, please contact the Frager Law Firm to schedule a no obligation consultation.

The Frager Law Firm, P.C. is not responsible for the content of the articles. Changes in immigration laws and policies occur frequently and the articles may not be immediately updated.

Please be advised that interpretation of general information should not take the place of legal advice provided by an experienced immigration lawyer familiar with the specifics of your case.