Temporary Protected Status
Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a distinct immigration status granted to eligible nationals from designated countries. These individuals, already in the U.S., may face danger if they return home due to armed conflicts, environmental disasters, or other temporary and extraordinary situations. Sometimes, the designated country might need more preparation to handle the return of its nationals.
Key Benefits of Temporary Protected Status (TPS):
Protection from Removal: Beneficiaries cannot be deported from the U.S.
Freedom from Detention: The Department of Homeland Security cannot detain TPS recipients.
Employment Authorization: They can secure an employment authorization document (EAD).
Travel Authorization: They may apply for travel permissions.
Temporary Protected Status (TPS) and Permanent Residency:
Eligibility for Temporary Protected Status (TPS):
- Be a national of a TPS-designated country, or a stateless person who last resided in such a country.
- Have had continuous physical presence and residency in the U.S. since the country’s latest designation.
- Not have any felony convictions or more than two misdemeanors in the U.S.
- Not be disqualified from asylum or have specific criminal or security-related inadmissibility grounds.
Maintaining and Re-Registering for Temporary Protected Status (TPS):
Late Re-Registration: Individuals can apply late if they have a valid reason for missing their country’s re-registration deadline. However, this might interrupt their work authorization.
Late Initial Registration: If the initial registration period for a country has passed, individuals can still apply for TPS for the first time if they meet one of the following conditions during the initial registration period:
Held a nonimmigrant status, received voluntary departure, or received any relief from removal.
Had a pending or under-review application for change of status, adjustment of status, asylum, voluntary departure, or any other relief.
Were on parole or had a pending re-parole request.
Were, and possibly still are, married to a TPS-eligible individual.
Were, and still are, a child of a TPS-eligible person.
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