Temporary Protective Status (TPS)
The U.S. Citizenship and Immigration Service currently defines Temporary Protective Status (TPS) as:
The Secretary of Homeland Security may designate a foreign country for Temporary Protective 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. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS. – source: USCIS WEB PORTAL
The Secretary of Homeland Security may designate a country for Temporary Protective Status (TPS) due to certain temporary conditions:
- Continued Armed Conflict (Civil War, Internal Conflicts, etc)
- Environmental Disaster (Earthquake, Tsunami, Hurricane) or epidemic
- Other extraordinary and temporary conditions determined by the Secretary of Homeland Defense
While the designation period is enforced, individuals who qualify through prima facie upon review of their case may be eligible for:
- Non-removal from the United States
- Able to obtain an employment authorization document (EAD)
- May be granted permission to travel while on TPS
Once an individual is granted Temporary Protective Status (TPS), he or she cannot be detained by DHS or USCIS on the basis of their status in the United States. This does not exempt from criminal charges or other law infringments.
TPS is NOT a permanent solution to lawfully remain in the United States. As the name indicates it is very much temporary until a further determination can be made on the extenuating circumstances. Registration for TPS does not prevent your from:
- Applying for non-immigrant status
- Filing for adjustmen of your status based on an immigration petition
- Applying for any other benefit under U.S. immigration law for which the immigrant may be eligible
If you are from one of the following countries you may be eligible for TPS:
- El Salvador
- South Sudan
To be considered for TPS you must be a national of one of the countries listed above.
There are many requirement and a complex application system to be considered for TPS. Hein Law Firm, L.C., is ready to assist you with your TPS application and help you and your family remain in the United States temporarily while your country is designated for it.