Temporary Protected Status (TPS)
What is TPS?
*Please note recent rule changes will be updated shortly. Contact (212) 444-8064 for further information
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 eligible 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
Hati
Honduras
Nepal
Nicaragua
Yemen
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 willbe 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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