What is Temporary Protected Status (TPS)?
Denice Flores • October 6, 2023
The U.S. Department of Homeland Security can allow foreign nationals to apply for Temporary Protected Status or TPS, if the foreign country is facing conditions that temporarily prevent the country’s nationals from returning safely or if the country is unable to handle the return of its nationals. Country conditions that trigger this are ongoing armed conflict, such as a war, an environmental disaster or an epidemic, and other extraordinary and temporary conditions.
If the U.S. Department of Homeland Security designates a foreign country for temporary protected status, the U.S. Citizenship and Immigration Services allows eligible foreign nationals of the country, who are in the United States, to apply for and be granted TPS.
What does TPS do? A foreign national who is granted TPS is not removable, meaning the individual cannot be removed or deported to the foreign country. The foreign national also cannot be detained by U.S. immigration officials on the basis of his or her immigration status in the United States. The foreign national can obtain employment authorization (work permit) to work lawfully in the United States, and also a travel permit to travel abroad, during the time he or she has TPS.
It is important to note, however, that TPS is a temporary benefit for foreign nationals. This means that TPS will not lead a foreign national to obtain lawful permanent residence or a green card, U.S. citizenship, or any other immigration status. However, if the foreign national is granted TPS, he or she may still apply for other immigration relief. TPS does not disqualify a foreign national from applying for other forms of immigration relief.
Currently, the U.S. Department of Homeland Security has designated the following countries for TPS: Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
If you have any questions on whether you qualify for TPS, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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Denice Flores
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