Temporary Protected Status: What You Need to Know

Temporary protected status (“TPS”) is a program that allows individuals whose home countries are considered unsafe the right to live and work in the United States for a temporary period of time. These unsafe conditions range from natural disasters, such as earthquakes and hurricanes, to famine, civil unrest, war, and war.

Generally, a designation of TPS is granted for a period of up to 18 months. This period can be, and often is, extended to reflect continuing unsafe conditions in a given country, and can be renewed indefinitely. The authority to grant and renew TPS designation is held by the Secretary of Homeland Security, who is in turn appointed by the current President.

TPS holders are protected from deportation and are eligible for employment and travel authorization. Though they are not considered lawful permanent residents and TPS is not itself a pathway to lawful permanent residency or citizenship, many TPS recipients live in the United States for years under this status as long as they continue to file the appropriate renewal paperwork. Some become eligible for other relief during their time in the country and may ultimately qualify for adjustment of status and U.S. citizenship independent of TPS.

Once a country is designated for TPS, any citizen or habitual resident of that country who is physically present in the U.S. at the time of the announcement is eligible to apply for the program, with the exception of those who have been convicted of certain crimes or who have participated in terrorist activities.

For the list of countries that are designated for TPS, go to https://www.uscis.gov/humanitarian/temporary-protected-status

A qualified immigration attorney can assist you with determining your eligibility for TPS and with completing the application process. If you have any questions about your eligibility for TPS or TPS renewal, please contact Stephen Antwine at santwine@gands-us.com or 215-395-8959.