Temporary Protective Status (TPS)

The Secretary of Homeland Security may designate a foreign country for 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. TPS can be granted to eligible applicants who are already in the United States.

The Secretary may designate a country for TPS due to the following temporary conditions in the country:

• Ongoing armed conflict (such as civil war)
• An environmental disaster (such as earthquake or hurricane), or an epidemic
• Other extraordinary and temporary conditions

During a designated period, TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):

• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted travel authorization

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.

TPS is a temporary benefit that does not lead to lawful permanent resident status but registration for TPS does not prevent you from:

• Applying for nonimmigrant status
• Filing for adjustment of status based on an immigrant petition
• Applying for any other immigration benefit or protection for which you may be eligible

Eligibility Requirements

• You must be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• You must file during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation
• You must be continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
• Have been continuously residing (CR) in the United States since the date specified for your country.

To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.