The Shapiro Law Firm, LLC
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TEMPORARY PROTECTED STATUS (TPS)

What is TPS?

TPS = Temporary Protected Status. The Secretary of the U.S. Department of Homeland Security is authorized to designate a foreign country for TPS if conditions arise that temporarily prevent that country's nationals from returning safely or if the country is unable to adequately handle return of it's nationals.  TPS can be granted to nationals of these countries (or parts of the country) and for individuals who are stateless who last resided in a TPS-designated country.

What are the reasons that a country is designated for TPS?

If the following temporary conditions exist in a foreign country, the Secretary may designate that country for TPS:

1. Ongoing armed conflict (such as a civil war);

2. An environmental disaster (such as an earthquake or hurricane) or epidemic, and;

3. Other extraordinary and temporary conditions.

I was granted TPS, what does this mean for me?

If your application for TPS is granted, as long as your country remains designated for TPS and you renew your TPS status as required, the following benefits apply to you:

1. You are not removable from the U.S.;

2. You cannot be detained by DHS because of your immigration status;

3. You are eligible to apply for Employment Authorization, and;

4. You are eligible to apply for a Advance Parole (Travel Document).

What are the eligibility requirements for TPS?

In order to be eligibile for TPS, you must:

  1. Be a national of a country designated for TPS OR be a person without a nationality who last resided in a country designated for TPS; 

  2. File during the initial registration or re-registration period OR meet the requirements for late initial filing during any extension of your country's TPS designation; 

  3. Have been physically present in the U.S. since your country's most recent TPS designation date, AND; 

  4. Have been continuously residing in the U.S. since the date specified for your country.

*You MUST re-register for TPS as required or you risk accruing Unlawful Presence and/ or being placed in Removal Proceedings.*

Countries currently designated for TPS:

El Salvador - *TPS to terminate on September 9, 2019

Haiti - *TPS to terminate on July 22, 2019

Honduras - *TPS to terminate on January 5, 2020

Nepal - *TPS to terminate on June 24, 2019

Nicaragua - *TPS to terminate on January 5, 2019

What  do  I  do  if  I  have  TPS  but  my  country’s  designation  will  be  terminating?

Contact  an  experienced  immigration  attorney  IMMEDIATELY  to  find  out  if  you  are  eligible  to  obtain  legal  status  to  remain  in  the  United  States.    If  you  are  eligible  for  Permanent  Residence,  it  is  highly  recommended  to  start  the  process  BEFORE  your  TPS  designation  ends.  When  your  TPS  designation  ends,  you  will  be  at  risk  of  being  placed  in  removal/  deportation  proceedings.    You  also  will  no  longer  be  eligible  for  an  advance  parole  travel  document  which  may  crucial  for  those  who  are  otherwise  eligible  for  adjustment  of  status,  but  do  not  have  a  legal  entry  into  the  United  States.

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