Temporary Protected Status (TPS) is a form of protection granted to eligible individuals from certain countries facing unsafe conditions. It prevents them from being deported, provides authorization to work in the U.S., and allows the option to apply for travel authorization. TPS is available to people whose home countries are experiencing ongoing armed conflict, natural disasters, or other temporary conditions that would make returning dangerous.
As of March 2024, over 860,000 people are living in the U.S. under TPS.
A Brief History of TPS
The Immigration Act of 1990 gave the Attorney General the power to grant Temporary Protected Status to people from countries facing serious issues that make returning unsafe. This could include civil wars, natural disasters, or other extraordinary events. In 2003, the Department of Homeland Security (DHS) took over responsibility for TPS designations from the Attorney General.
How Is TPS Decided?
The Secretary of Homeland Security determines which countries are eligible for TPS. This decision is based on consultations with federal agencies, including the Departments of State, Defense, and Justice. Countries may be considered for TPS if they are facing:
- Ongoing armed conflicts, such as civil wars.
- Natural disasters that make living conditions unbearable, like tsunamis or earthquakes.
- Extraordinary, temporary conditions that endanger people’s safety, though these circumstances must not violate U.S. national interests.
Who Can Apply for TPS?
To apply for TPS, you must be from a country that has been designated for TPS. You must also have been physically present in the U.S. since the TPS designation was made. People who arrive after the designation is made are not eligible.
If your country’s TPS status is extended or redesignated, those who arrived after the original designation may apply for TPS.
To qualify for TPS, applicants must:
- Be a national or habitual resident of a TPS-designated country.
- Have been continuously present in the U.S. since the country was designated for TPS.
- Have continuously resided in the U.S. since a specific date set by DHS.
- Not have a criminal history or pose a threat to U.S. national security.
Countries Currently with TPS Status
As of 2024, the following countries have TPS designations, with various expiration dates:
- Afghanistan: Valid until May 20, 2025
- Haiti: Valid until February 3, 2026
- Honduras: Valid until July 5, 2025
- Ukraine: Valid until April 19, 2025
- Venezuela: Valid until September 10, 2025
- Yemen: Valid until March 3, 2026
Some countries have had their TPS designations extended or terminated based on changes in conditions.
How to Apply for TPS
To apply for TPS, you need to submit several forms, including:
- Form I-821 (Application for Temporary Protected Status)
- Form I-765 (Request for Employment Authorization), if you wish to work while on TPS.
- Form I-601 (Application for Waiver), if you need to request a waiver due to inadmissibility.
You will also need to provide supporting documents, such as proof of identity, nationality, and evidence that you entered and resided in the U.S. at the appropriate times.
TPS Fees
There are fees associated with applying for TPS. If you are applying for the first time, you will need to pay the relevant fees. If you are renewing your TPS status, some fees may be waived. A fee waiver request can also be submitted if you are unable to pay.
Can You Work or Travel with TPS?
Yes, if granted TPS, you can work in the U.S. You will need to apply for a work permit by submitting Form I-765.
If you need to travel outside the U.S., you must apply for advance parole using Form I-131.
Can TPS Lead to Permanent Residency?
TPS does not automatically lead to a green card or citizenship. However, if you are eligible for another immigration status, such as through marriage to a U.S. citizen, you may still apply for permanent residency. TPS does not prevent you from applying for a green card through other routes.
Important Notes:
- TPS provides temporary relief but does not grant a path to permanent residency or citizenship.
- If your TPS status ends, you will revert to your previous immigration status, unless you have gained another status during your TPS period.
FAQs About TPS
Can I apply for a green card if I have TPS?
Having TPS does not automatically make you eligible for a green card, but you may qualify through other routes, like marriage to a U.S. citizen.
Is TPS the same as asylum?
No, TPS is for individuals from certain countries facing specific conditions, while asylum can be requested by anyone fearing persecution.
How long does TPS last?
The duration of TPS is determined by the Secretary of Homeland Security and can be extended as needed. There is no fixed time limit.
Can I work with TPS?
Yes, you can work if granted TPS. You will need to apply for work authorization (Form I-765).
Can I travel with TPS?
Yes, but you must apply for travel authorization before leaving the U.S. using Form I-131.
For assistance with TPS, immigration law, or visas, feel free to reach out to us. We’re here to help you navigate the process.
