SWFL

What is Temporary Protected Status?

 

Temporary Protected Status (TPS) was created in 1990 by Congress and is a temporary immigration status. It is granted to people from designated countries and allows recipients to live in the U.S. temporarily and apply for work authorization. 
 

 

What makes someone eligible for TPS?

Countries with the following conditions:

 

• Ongoing armed conflict, such as a civil war, creates serious threats to personal safety of the country’s citizens.

• Natural disasters such as hurricanes, earthquakes, or other uncontrollable factors, cause disruption in living situations.

• Other extraordinary and temporary conditions which the U.S. government provides housing unless the individual’s stay isn’t in the interest of the states.

 

 

What countries are eligible for TPS?

• El Salvador

• Honduras

• Nepal

• Nicaragua

• Somalia

• Sudan

• South Sudan

• Syria

• Yemen

• Haiti 
   

What are the qualifications for someone to apply for TPS?

• An individual must be a resident of a foreign country that qualifies for TPS

• They must have been living in the United States on the designation date

• They must have continuously been in the United States since the designation date, and Homeland Security must be aware of their stay

• They must have a clean background check for no criminal activity

• Immigrants must register for TPS and can pay $50-$545 in registration fees, depending on age.​​

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What is [LM5] needed in the TPS application package?

• You must file an I-821

• To be eligible to work in the U.S., you can file an employment authorization document (EAD)

• Evidence of nationality and identity

• Evidence of entry date

• Evidence of continuous residency

Once granted TPS, you must re-register during the 60-day registration period held at the beginning of each year. For example, Haiti’s registration period was held between Jan. 18, 2018 to March 19, 2018.

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What rights does TPS grant you?

TPS gives temporary authorization to work within the United States. TPS beneficiaries can apply for permission to travel abroad and return to the States, however, they must apply for that access separately from USCIS.

 

What happens once your TPS expires?
 

TPS does not provide a path to a green card or citizenship. In August 2017, the Ninth Circuit and Sixth Circuit stated that anyone with valid TPS can lawfully apply for residency, if eligible for family-based or employment-based, through petition, even if they entered the states without inspections. Family-based immigration is when U.S. citizens and lawful permanent residents can sponsor a certain family member for a visa card that provides residency. Employment-based immigration is divided into five preference categories, which are: labor certification and filing a petition, professionals with advanced degrees or persons of exceptional ability, skilled or unskilled workers and professionals, certain special immigrations with past work history within the government and immigrant investors.

However, the Eleventh Circuit states that valid TPS owners who enter within the states without inspections are still not eligible for residency. In order to gain citizenship, TPS holders must leave the country and apply for citizenship from their home country. The process can take up to 10 years to establish.

Unless the status has expired, or a new immigration status has been achieved, TPS beneficiaries will return to the immigrant status they had prior to receiving TPS. Any immigrant who entered the states without inspections and who is not able to achieve a new immigration status at the termination of TPS will be reported as undocumented. This will result in the immigrant’s deportation back to their home country.

 

To see the different countries’ TPS expiration dates, click here