Temporary Protective Status (TPS)
What is Temporary Protective Status?
As its name implies, Temporary Protective Status is a temporary status which is given to individuals of designated countries who are present in the United States. TPS provides a stay of deportation from the United States.
How is a Country Designated for TPS?
A country may be designated for Temporary Protective Status conditions in the area affected;
- The foreign state is unable, temporarily, to adequately handle the return to the state of aliens who are nationals of the state, and the foreign state officially has requested designation; or
- The Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety, unless the Attorney General finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States.
Who is Eligible for TPS?
In order to qualify for Temporary Protective Status, an individual must:
- Be a foreign national of the country which has a TPS designation;
- Be continuously physically present in the United States since the effective date of designation;
- Have continuously resided in the U.S. as of a date set by the Secretary of Homeland Security; and
- Not be inadmissible to the United States or barred from asylum for certain criminal reasons or threats to national security.
How Long Does TPS Last?
Temporary Protective Status can be made for six, twelve, or eighteen months at a time. The Secretary of Homeland Security must decide whether to keep a country on the designated list at least sixty days in advance of the expiration of TPS. If a decision is not rendered prior to the sixty-day window, the TPS designation will carry over for an additional six months.
What are the Benefits of TPS?
If a person is granted TPS, their primary benefit is that they will not be deported from the United States. If a person can demonstrate eligibility, they may be granted temporary work authorization. TPS beneficiaries may also be eligible for advance parole, which would allow them to travel abroad and return to the United States. TPS beneficiaries are not eligible for public assistance.
Can I Receive a Green Card with TPS Status?
TPS beneficiaries are not eligible to apply for a green card but may apply for permanent residence if they are otherwise eligible. It is best to consult with an immigration lawyer to see what options an individual with TPS might have.
If you or someone you know has questions about Temporary Protective Status, it is important to consult with an immigration lawyer. An immigration attorney will be able to tailor the most effective legal strategy for your needs. To arrange an initial consultation, please contact Gilles Law, PLLC at our office in Uptown Charlotte 980-272-8438.
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