Temporary Protected Status

Temporary Protected Status (TPS) was created by the Immigration Act of 1990. TPS is a temporary immigration status granted to foreign nationals whose countries are facing an emergency, such as an ongoing armed conflict; environmental disaster such as an earthquake, flood, drought, or epidemic; and other extraordinary and temporary conditions. The return of the foreign national would pose a danger to his/her personal safety. TPS is a temporary solution and will not lead to permanent resident status (green card) in the United States.

As of March 1, 2003, the Secretary of the Department of Homeland Security has the authority to grant the temporary immigration status to eligible individuals of designated TPS countries. Countries such as Angola, Bosnia, Burundi, El Salvador, Honduras, Kuwait, Lebanon, Liberia, Montserrat, Nicaragua, Rwanda, Sierra Leone, Somalia and Sudan have previously been designated for TPS. For a list of countries currently designated under the TPS program, please see the Federal Register, www.gpoaccess.gov/fr/index.html.

Eligibility

To be eligible to apply for TPS, the applicant must be a national of or have last habitually resided in a country designated for TPS. Further, the applicant must:

• establish continuous physical presence in the U.S. since the effective date of the TPS designation;
• establish continuous residence in the United States;
• not be subject to the criminal and security-related bars to TPS; and
• timely apply for TPS during the specified registration period.

An applicant is not eligible for TPS if he/she:

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

For more information on the effective date of TPS designation, effective date of residence, and registration date and procedures for registering, please see the Federal Register, www.gpoaccess.gov/fr/index.html.

Application

Once a country has been designated for TPS, the foreign national applicant must file an application for TPS. A petition for employment authorization may also be included. Family members may not be included on the application. Rather, they must apply independently to receive the TPS benefits.

Once approved, the applicant may remain and work in the United States for the initial TPS period and for any extensions of the designation. Travel abroad may be limited. The foreign national, if eligible, must seek permission and a travel parole.

A TPS designation will be effective for a minimum of six months and a maximum of 18 months, and may be extended for 6, 12 or 18 month period(s) depending on the situation. If extended, the applicant must re-register during the period specified in the Federal Register notice of extension or risk losing the TPS.

Expiration of TPS

The Secretary of Homeland Security reviews the conditions in the designated country, and will either extend or terminate the TPS designation. If terminated, the foreign national’s status will revert to the immigration status held prior to the TPS designation (unless that status has expired or has been terminated) or to any other status acquired while under the TPS protection.