Today, I will be tackling three main questions: What is temporary protective status? Who is eligible to apply for this legal status? What are the benefits of having TPS?
What is Temporary Protective Status?
Temporary Protective Status (TPS) is a temporary immigration status in the United States. The United States government can assign TPS to individuals from a specified country (or part of a country) when the country is temporarily unable to adequately or safely handle the return of its citizens due to condtitions in the country.
According to the USCIS, some temporary conditions that may lead to a country being designated for TPS are:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as earthquake or hurricane)
- An epidemic
- Other extraordinary and temporary conditions
This status is only extended to individuals already in the United States. TPS does not lead to lawful permanent resident (LPR) status or give any other permanent immigration status. However, TPS does not prevent you from adjusting your legal status while you are a beneficiary.
Who is eligible to apply for TPS?
Currently, there are only 10 countries designated for TPS. These countries include:
|• El Salvador||• Nicaragua||• Haiti||• Sudan||• Syria|
|• Honduras||• Nepal||• Somalia||• South Sudan||• Yemen|
Aside from being a national from one of these countries, an individual applying for TPS must meet certain eligibility requirements and file during designated timeframes established by the U.S. government.
Due to the complexity of eligibility, we strongly urge you to consult an experienced immigration attorney to discuss whether you or your loved ones are eligible to apply for TPS.
What are the benefits of having TPS?
Individuals who are granted TPS or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):
- Are not removable from the United States
- Cannot be detained by DHS on the basis of his or her immigration status
- Can obtain an employment authorization document (EAD)
- May be granted travel authorization
If you or a loved one is interested in learning if they're eligible for TPS or have questions about the application process, please schedule a consultation online or call our Oklahoma City law firm at 405-272-9393.