Temporary Protection Status (TPS) is an immigration status which is granted to certain individuals from specific countries. TPS is given to immigrants who are prevented temporarily from returning to their country of origin because of safety concerns.
TPS may also be available in other situations, including when a country is unable to process the return of its citizens properly. Countries which are eligible for protected status designations include:
- El Salvador;
- Haiti;
- Honduras;
- Nicaragua;
- Somalia;
- Sudan;
- South Sudan; and
- Syria.
This list of countries may be constantly changed and updated, with other countries being added almost every year. Individuals who have been granted Temporary Protection Status are not automatically granted lawful permanent residence status, which is why the term is, “temporary protection.”
An individual who is granted TPS, however, may become eligible for permanent resident status or United States citizenship at a later time.
What Nations Have Been Given Temporary Protected Status?
If an individual is unsure of whether or not they are eligible for Temporary Protected Status, they can look for their country in the Federal Register. In previous years, TPS has been give to nationals of the following countries:
- Bosnia;
- El Salvador;
- Lebanon;
- Liberia;
- Kuwait;
- Rwanda; and
- Somalia.
How is TPS Different from Asylum or Refugee Status?
The United States government provides special protections for individuals who are from countries that are suffering extreme hardship, called Temporary Protected Status. The U.S. government also provides protections for individuals who have personally encountered maltreatment, called asylees and refugees.
What are the Definitions of Asylum and Refugee?
Asylum status is granted to individuals who apply when they are already located inside the United States. Refugee status is granted to individuals who have not yet entered the United States.
Other than this distinction, both asylees and refugees include individuals who have been persecuted and/or who have a justifiable fear of persecution by the government or by individuals that the government is unable to control. The discrimination must be based on the asylee or refugee’s:
- Race;
- Nationality;
- Political opinion; or
- Involvement in a certain social organization.
What are Quotas?
No limits are placed on the number of individuals who can be granted asylum. There are, however, annual quotas which are set according to each country by the President of the United States on the number of refugees who are able to remain in the country each year.
Currently, Temporary Protected Status is limited only to individuals of certain countries and not to a set number of nationals.
How Long is Application Processing?
Political asylum and refugee applications may take anywhere from several months to a year or more to be approved. The United States Citizens and Immigration Services (USCIS), however, may approve an individual’s TPS application within several weeks.
What is Citizenship Status?
Asylees and refugees are given the right to reside and work in the United States for an unlimited amount of time. In addition, after an individual is an asylee or refugee for one year, they may apply for lawful permanent resident status.
Individuals who have been awarded TPS may legally work and reside in the United States until the designated period concludes. However, an individual cannot gain permanent residency status under TPS.
Once an individual’s country is removed from the Federal Register list, their citizenship standing will revert back to the status they held prior to their TPS or any other status that they received while under TPS.
Who is Eligible for Temporary Protected Status?
Only certain aliens who are traveling from the countries listed above are eligible for TPS. The requirements for TPS are similar to the requirements for political refugee and asylum requirements, which may include:
- Being a national of a country that is included on the TPS list or habitually residing last in a designated country, if the individuals does not have a nationality;
- Meeting the various requirements for filing dates, including:
- open;
- initial; or re-registration filing dates;
- Having “continuous physical presence” (CPP) in the United States from the date the country became a designated country; and
- Having “continuous residence” (CR) in the United States since the specific date listed for the country of origin, which will be different for each country. Brief, casual departures outside of the United States are sometimes permitted.
These are requirements which may, in some cases, be calculated, especially the “continuous physical presence” and “continuous residence” requirements. These calculations sometimes require the assistance of an attorney, as they often involve complex formulas.
An individuals should also be aware that individuals who are eligible for TPS designation can be disqualified or have their privileges revoked for various reasons, which include:
- Being convicted of a felony;
- Being convicted of 2 or more misdemeanors while in the United States;
- Failing to keep up with the requirements for CPP and CR; and
- Other reasons.
What is Identity and Nationality Evidence?
A Temporary Protection Status applicant will be required to provide proof of their nationality as well as their identity, known as “identity and nationality evidence.” Identity and nationality evidence may include primary evidence, such as copies of:
- Passports;
- Birth certificates; and
- Photo ID’s.
Secondary evidence may also be considered, which may include:
- Nationalization documents;
- Medical or school records; and
- Copies of any other immigration documents.
It is important to note that the requirements may depend upon specific immigration laws, which are subject to change every year.
Am I Eligible For Temporary Protected Status?
One prerequisite to being given temporary protected status, an individual must be a national of a country which is designated for Temporary Protected Status, as discussed above. An individual is eligible to complete Form I-821 or Form I-821A and apply for TPS if they:
- Have established a physical presence as well as continuous residence in the United States for a specific time period;
- Are not subject to a:
- Criminal;
- Security-related; or
- Other TPS bars;
- Apply in a timely manner for their TPS benefits. In addition, if the Secretary of Homeland Security extends a TPS designation beyond its initial designation period, an individual is required to timely re-register in order to maintain their benefits under the TPS program.
What Can Keep Me From Attaining TPS?
An individual may be ineligible to apply for the TPS program even if they are from a designated country if they:
- Have been convicted of a felony or 2 or more misdemeanors which were committed in the United States;
- Are a:
- persecutor;
- terrorist; or
- Are otherwise subject to one of the bars to asylum; or
- Are subject to one of the numerous criminal-related grounds of inadmissibility for which waivers are not available.
Do I Need a Lawyer for Help With Temporary Protection Status?
Temporary Protection Status is a very specific way to immigrate to the United States. An individual may require the assistance of an immigration lawyer if you or a loved one will be applying for Temporary Protected Status.
The application process is often complex and may require the assistance of an attorney. Your qualified lawyer can provide you with legal advice and guidance needed throughout the process and help ensure that your application is complete and accurate and meets the requirements.
Your lawyer may also be able to advise you if you are eligible for other categories of immigration status. In addition, your lawyer can assist you if you have family members who also need to immigrate to the United States.
