Understanding Temporary Protected Status (TPS)
The Immigration Act of 1990 first introduced the concept of Temporary Protected Status (TPS). TPS is granted to immigrants who are physically present in the United States and who are unable to safely return to their home country because of ongoing armed conflicts (such as civil war); environmental disasters (such as earthquakes, hurricanes, or epidemics); or other extraordinary and temporary conditions. Temporary protected status is rarely granted and only in extreme situations. The current situation in Nigeria, for example, does not seem to meet the threshold for Department of Homeland Security to grant TPS. The 2010 earthquake in Haiti, however, resulted in USCIS granting all Haitians in the United States TPS in 2011. Further, the recent situation in South Sudan also lead to TPS designation.
Beneficiaries of temporary protected status may remain in the United States and obtain work and travel authorization; however, TPS does not lead to permanent resident status—i.e. green card—and may be terminated at any time, thus reverting individuals back to their previous immigration status.
In order, to be eligible individuals must:
- Be a national of the designated country;
- File during open registration period;
- And have been continuously physically present (CPP) and have been continuously residing (CR) in the United States since the date specified for the designated country.
You may NOT be eligible for TPS or 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; or
- If granted TPS, you fail to re-register for TPS, as required (typically every 18 months), without good cause.
Individuals from the following TPS countries are eligible for TPS designation as long as they meet these eligibility requirements:
- El Salvador
- South Sudan
The application process is as follows: (1) you must first file your petition; (2) USCIS will contact you upon receipt of your application; (3) you must then go to the Application Support Center; (4) USCIS will determine your work eligibility and adjudicate your application; (5) and finally, your application will either be approved or denied.