What is TPS?

The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS)  due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. TPS may be granted to eligible nationals of certain countries who are already in the United States.

What temporary conditions might designate the country for TPS? 

Ongoing armed conflict, such as a civil war, an environmental disaster, such as earthquake or hurricane, an epidemic, or other extraordinary and temporary conditions. This designation is set by the Secretary of State.

What Status does TPS Grant?

If eligible, TPS Individuals are not removable from the United States, can obtain employment authorization document, and may be granted travel authorization. Further, DHS cannot detain TPS individuals based on his or her immigration status in the United States. * 

*Depending on the facts and circumstances of each case, TPS can be revoked if the TPS holder is convicted of or pleads to a crime.

TPS and Legal Permanent Residency

TPS is a TEMPORARY benefit that does not lead to lawful permanent resident status. However, TPS does not prevent you from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may eligible.

Countries Designated for TPS as of Today*

• El Salvador ** 
• Haiti ** 
• Honduras 
• Nepal 
• Nicaragua ** 
• Somalia 
• Sudan 
• South Sudan 
• Syria ** 
• Venezuela
• Yemen ** 

* Other countries are likely to be added to the TPS list in the future.

** Our Orlando Immigration Attorney has represented clients from these countries with TPS.

TPS: Eligibility Requirements

• Be a national of a country designated for TPS or a person without nationality who last lived in the designated country.
• Must file for TPS during the initial registration or re-registration period or meet the requirements for late filing.
• Must have been continuously physically present in the U.S. since the effective date of the most recent designation of your country, and
• Must have been continuously residing in the U.S. since the date specified for your country. There are situations where this might be exempted in cases of innocent departures from the U.S.

What Might Make you NOT Eligible for TPS?

• If you have been convicted of any felony or two or more misdemeanors in the U.S. 
• If found inadmissible as an immigrant under the INA section 212(a).
• If subject to any of the mandatory bars to asylum, including participating in the persecution of another individual or engaging in or inciting terrorist activity, 
• Fail to meet continuous physical presence and continuous residence in the U.S.,
• Fail to meet the TPS registration requirements, or  
• If you fail to re-register for TPS as required without good cause.

Documents / Evidence you Need to Provide

• Evidence of Identity and Nationality
• Copy of passport, birth certificate, photo ID, and/or any national identity documents with your photograph

If you do not have any of these documents, you must submit an affidavit with proof that you were unsuccessful in obtaining such documents; and why the consulate of your country was unavailable to you.