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Temporary Protected Status

The U.S. Citizenship and Immigration Services (USCIS) provides temporary protected status to foreign nationals who are unable to return safely to their native countries. Ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions qualify as dangers that would make return unsafe.

TPS designated countries

The Secretary of Homeland Security has the authority to designate a country or section of a country for TPS and also to extend or terminate a TPS designation. The USCIS website currently keeps a list of designated countries on their Temporary Protected Status webpage and states the date on which the designation expires.

Foreign nationals qualifying for TPS may remain in the United States and are able to obtain work authorization. However, TPS status does not by itself permit the nonimmigrant to apply for U.S. permanent residency.

TPS qualifications

According to the USCIS, foreign nationals with the following qualifications may be eligible for TPS benefits:
  • Applicants who establish the necessary continuous physical presence and continuous residence in the United States as designated
  • Applicants who are not subject to one of the criminal and security-related bars to TPS
  • Applicants who apply for TPS benefits during the designation period. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must re-register within the specified time period to maintain TPS benefits.

TPS disqualifications

Disqualifications for TPS include the following:
  • Having a felony or two or more misdemeanor criminal convictions in the United States
  • Being a persecutor or otherwise subject to one of the bars to asylum
  • Being subject to one of several criminal-related or terrorism-related grounds for which a waiver is not available

Deferred Enforced Departure (DED)

In addition to TPS, some countries are designated for Deferred Enforced Departure (DED) under the President’s executive right to manage foreign relations. DED status extends the authorized stay in the United States for foreign residents of those designated countries.

Get experienced legal help from the Frager Law Firm.

The Frager Law Firm’s knowledgeable attorneys help clients from TPS- and DED-designated countries to obtain temporary status. Arrange a consultation today and see how we can assist you.