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.
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.
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 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.
* 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.
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.