Temporary Protected Status (TPS)

The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status 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 Temporary Protected Status to eligible nationals of certain countries (or parts of 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 (prima facie eligible):

  • Are not removable from the United States
  • Can obtain an employment authorization document (EAD)
  • May be granted permission to travel outside the United States

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

However, people who have TPS must timely renew their applications or they will lose their status. They can also lose this status based on criminal convictions.

US Citizenship & Immigration Services has initial jurisdiction over TPS applications. However, the Immigration Court and the Board of Immigration Appeals can review denials of TPS.

Currently, residents of the following countries can apply for TPS:

  • El Salvador
  • Haiti
  • Honduras
  • Nicaragua
  • Somalia
  • South Sudan
  • Sudan
  • Syria

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

PLEASE NOTE: To be granted any other immigration benefit you must still meet all the eligibility requirements for that particular benefit.  An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS.

Contact the Law Office of Eric Horn, PC at (631) 435-7900 or contact him online to schedule a consultation.