Temporary Protected Status

What is Temporary Protected Status?

Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L. 101-649, Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions. On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, the authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service (Service) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).

During the period for which a country has been designated under the TPS program, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the TPS designation of a country is terminated, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS period, the alien reverts to unlawful status upon the termination of that TPS designation.

Who is Eligible?

An alien who is a national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for benefits under the TPS program if he or she:

Establishes continuous physical presence and continuous residence in the United States for a specified period of time;
Is not subject to one of the criminal, security-related, or other bars to TPS; and
Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her benefits under the TPS program.

An alien is not eligible for TPS if s/he:

Has been convicted of any felony or two or more misdemeanors committed in the United States;
Is a persecutor, terrorist or otherwise subject to one of the bars to asylum; or
Is subject to one of several criminal-related grounds of inadmissibility for which a waiver is not available.

What is DED (Deferred Enforced Departure)?

Like TPS, DED is a temporary protection from removal which is granted to aliens from a designated country. Unlike TPS, DED is designated by the Office of the President of the United States of America, as a constitutional power to conduct foreign relations. The Secretary of Homeland Security can designate a country for TPS, but the President is the one to designate DED for nationals of a particular country by Executive Order or Presidential Memorandum. DED was first used in 1990 and has been used a total of five times.

What is Temporary Protected Status?
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries. TPS beneficiaries will not be required to leave the United States and may obtain work authorization for the initial TPS period and for any extensions of the designation. TPS does not lead to permanent resident status. When the Secretary of Homeland Security (Secretary) terminates a TPS designation, beneficiaries will return to the same immigration status they had before TPS (unless that status has expired or has been terminated) or to any other status they may have been granted while in TPS.

The Secretary may designate a country for TPS when he/she determines, after consulting with appropriate government agencies, that:

There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety;
The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation; or
There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Secretary finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the United States.

A TPS designation will be effective for a minimum of 6 months and a maximum of 18 months. Before the end of the TPS designation period, the Secretary will review the conditions in the designated state and determine whether the conditions that led to the TPS designation continue to be met. Unless a determination is made that those conditions are no longer met, the TPS designation will be extended for 6, 12, or 18 months. If the conditions that led to the TPS designation are no longer met, the Secretary will terminate the TPS designation. Designations, extensions, terminations and other documents regarding TPS are published in the Federal Register.

Who is Eligible?
You may be eligible to apply for temporary protected status if:

You are a national of a country designated for TPS. (You may also be eligible if you are a person who has no nationality but last habitually resided in a designated country.)
You apply for TPS during the specified registration period.
You have been continuously physically present in the United States since the TPS designation began, or since the effective date of the most recent re-designation.
You have continuously resided in the United States since the date specified in the Federal Register notice of designation. This date may be different than the effective date of the TPS designation.
You are admissible as an immigrant and are not otherwise ineligible for TPS.

How Do I Apply?
If you are applying for TPS for the first time, you must complete an Application for Temporary Protected Status and submit a filing fee, supporting evidence of identity and nationality, proof of residence, two identical color photos, and, if you are age 14 or older, a fee for biometric services. If you are between the ages of 14 and 65 and want employment authorization, you should also complete and submit an Application for Employment Authorization with the appropriate fee. Applicants who already have or do not wish to receive employment authorization still must submit an Application for Employment Authorization with their Application for Temporary Protected Status, but without the accompanying fee. If you are over the age of 14, you will be called by the USCIS for fingerprinting after you send in your application.

If you are granted TPS, you must re-register with the USCIS for each period that your TPS benefits are extended. To re-register, submit application during the period stated in the Federal Register notice of extension of the TPS designation. You do not have to send in another fee for the Application for Temporary Protected Status, but you must submit a fee for the Application for Employment Authorization if you are between the ages of 14 and 65 and are requesting employment authorization. If you do not re-register each period, your TPS may be withdrawn.

If you are applying for TPS under a designation other than El Salvador, Honduras, or Nicaragua, submit your application package to the local USCIS district office that serves the area where you live.

Will I Get a Work Permit?
If your TPS application is approved, you will receive work authorization (if requested). At the same time you apply for temporary protected status, you must submit an Application for Employment Authorization and the appropriate fee to apply for a work permit. Applicants who already have or do not wish to receive employment authorization still must submit a completed Application for Employment Authorization, but without the required fee.

May I Travel Outside the United States?
An individual granted TPS must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad, though permission to travel may be granted by the district director in accordance with the advance parole regulations. There is no appeal to a denial of advance parole. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings.