Temporary Protected Status (TPS) is provided to eligible foreign born individuals by the U.S. Department of Homeland Security Secretary. The temporary status is designed to help eligible nationals of designated countries who are currently in the U.S. to remain in the United States.
TPS is typically granted when an eligible individual is unable to return home safely due to circumstances or conditions that prevent their country from properly handling the return, such as a natural disaster or armed conflict. As of 2017, approximately 320,000 people have TPS in ten countries, with the majority from from El Salvador, Honduras, and Haiti.
An individual who is a national of a country that is designated for TPS may be eligible for protected status. However, other requirements must be met, such as being continuously physically present in the United States during a set amount of time. If you have a prior felony conviction or have more than one misdemeanor in the U.S., you will be ineligible for temporary protected status. You will also be ineligible if you are considered “inadmissible” to the U.S. unless you have a waiver and you file form I-601 with your application.
Individuals with TPS have the opportunity to receive an employment authorization document, also known as a work permit or EAD. Employment authorization expires on the same date as your TPS. To receive an employment authorization document, you must have a pending or approved form I-821.
Withdrawal or Denial of Application
If initial form I-821 is denied or if U.S. Citizenship and Immigration Services choose to withdraw their approval of TPS, an applicant is deemed no longer eligible to file for re-registration. However, if TPS is withdrawn or denied, it is possible to file another initial form I-821. Applicants must also pay the full initial application fees.
If a subsequent form I-821 is approved by U.S. Citizenship and Immigration Services, the applicant’s TPS will be restored or reestablished. Applicants who have had their temporary protected status withdrawn or denied also have the option to file form I-290B (Notice of Appeal or Motion).
Countries Under TPS
As of 2018, there are ten nationals of countries that are currently under temporary protected status, including:
- El Salvador (set to end September 9, 2019)
- Haiti (set to end July 22, 2019)
- Honduras (set to end November 4, 2019)
- Nepal (set to end June 24, 2019)
- Nicaragua (set to end January 5, 2019)
- Somalia (set to end September 17, 2018)
- South Sudan (set to end May 2, 2019)
- Sudan (set to end November 2, 2018)
- Syria (set to end September 30, 2019)
- Yemen (set to end September 3, 2018)
Established in 1990 by the U.S. Congress, temporary protected status has helped countless foreign born individuals remain in the United States for periods of up to eighteen months with the option to renew indefinitely. The majority of TPS holders are employed and approximately one-third are currently homeowners in the U.S. Reach out to one of our immigration attorneys at Johnson & Masumi, PC if you need assistance with being granted temporary protected status.