Temporary Protected Status (TPS) is a humanitarian program established by the U.S. government that allows eligible nationals from designated countries to remain and work in the United States temporarily when returning to their home country would be unsafe due to armed conflict, natural disasters, or other extraordinary conditions.
Who Qualifies for TPS?
To be eligible for TPS, an individual must:
- Be a national of a country designated for TPS (or a person without nationality who last habitually resided in such a country).
- Have continuously resided in the U.S. since the date specified by the Department of Homeland Security (DHS).
- Have continuously physically been present in the U.S. since the effective date of designation.
- Apply during the open registration or re-registration period.
- Not have certain criminal convictions or be otherwise ineligible under immigration law.
Countries designated for TPS vary and are determined by DHS. Examples of countries that have been designated in recent years include Venezuela, Haiti, Ukraine, El Salvador, and Syria.
Benefits of TPS:
- Protection from deportation.
- Authorization to work in the United States (via an Employment Authorization Document or EAD).
- The ability to apply for travel authorization.
Limitations of TPS:
- TPS is temporary and does not lead to lawful permanent resident (green card) status by itself.
- It does not provide a pathway to U.S. citizenship.
- If TPS ends for a country, beneficiaries must find another lawful status or leave the U.S.
Applying for TPS:
Applicants must file Form I-821 (Application for Temporary Protected Status) along with Form I-765 (Application for Employment Authorization) if they want to work. Supporting documents are required to show identity, nationality, and residence. Fees may apply, although fee waivers are available.
Maintaining TPS:
TPS holders must re-register during each re-registration period to maintain their status. Failure to do so can result in the loss of protection and work authorization.
Can TPS Holders Adjust Status?
In limited cases, yes. For example, if a TPS holder becomes eligible through marriage to a U.S. citizen or an employment-based petition, they may apply for adjustment of status if otherwise eligible.
Conclusion:
Temporary Protected Status provides a critical lifeline to thousands of immigrants who would face danger if forced to return home. While it offers temporary relief, TPS recipients should stay informed about their country’s designation and explore other legal immigration options when possible.