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Temporary Protected Status (TPS)

What is TPS?

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  USCIS may grant TPS to eligible nationals of certain countries, who are already in the United States.  Eligible individuals without nationality who last resided in the designated country may also be granted TPS.


The Secretary may designate a country for TPS due to the following temporary conditions in the country:


  • Ongoing armed conflict (such as civil war)
  • An environmental disaster (such as earthquake or hurricane), or an epidemic
  • Other extraordinary and temporary conditions

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases:


  • Are not removable from the United States
  • Can obtain a work permit (EAD)
  • May be granted travel authorization


Once granted TPS, an individual also cannot be detained by Department of Homeland Security (DHS) on the basis of his or her immigration status in the United States.


TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:


  • Applying for nonimmigrant status
  • Filing for adjustment of status based on an immigrant petition
  • Applying for any other immigration benefit or protection for which you may be eligible


Eligibility Requirements:


To be eligible for TPS, you must:


  • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country
  • File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation
  • Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country
  • Have been continuously residing (CR) in the United States since the date specified for your country.


You may NOT be eligible for TPS or to maintain your existing TPS if you:


  • Have been convicted of any felony or two or more misdemeanors committed in the United States
  • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity
  • Fail to meet the continuous physical presence and continuous residence in the United States requirements
  • Fail to meet initial or late initial TPS registration requirements
  • If granted TPS, you fail to re-register for TPS, as required, without good cause.

For more details and inquiry please don’t hesitate to contact us