Some foreign nationals may qualify for Temporary Protected Status (TPS) provided they meet specific criteria announced by USCIS. This temporary status is granted to eligible nationals from designated countries. Once the application is applied for with USCIS and approved, the individual will be able to remain in the United States for a designated period and legally work.
The U.S. government will designate a country for TPS when it determines 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 U.S. government 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.
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. The registration period is stated in Federal Register notices of designation and is also generally noted in USCIS press releases. For specific Federal Register notice cites, please see the list of countries currently designated for temporary protected status.
- 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.
You can contact our law firm to apply for TPS if you believe you may qualify. We will review and evaluate your specific circumstances and advise you of your eligibility for TPS.