Temporary Protected Status (TPS) is a temporary immigration benefit granted to nationals from certain countries facing extraordinary conditions such as armed conflict, environmental disaster, or other temporary and dangerous circumstances. This designation allows eligible individuals already in the United States to remain and work legally for a specified period, while being protected from deportation.
TPS does not lead directly to lawful permanent resident (LPR) status and does not grant any other immigration status. However, TPS recipients are eligible for employment authorization and may request travel authorization. The duration of TPS varies based on the country and is determined by the U.S. government depending on the evolving situation in the designated nation. Some TPS designations are renewed multiple times; others are allowed to expire if the originating crisis resolves.
Who Qualifies for TPS?
TPS may be granted to individuals who meet the following eligibility criteria:
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The applicant must be a national of a country designated for TPS or a stateless person whose last habitual residence was in a TPS-designated country.
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The applicant must have been physically present in the U.S. continuously since the effective date of the country’s TPS designation.
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The applicant must have maintained continuous residence in the U.S. since the date specified by the Department of Homeland Security (DHS).
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The applicant must not have certain criminal convictions or violate immigration rules that would disqualify them from TPS.
It is important to note that TPS applications must be submitted while the applicant is physically in the United States.
Political Context and Updates
TPS designations are often subject to political changes. Recent administrations have expanded or retracted certain TPS programs depending on foreign policy and domestic immigration priorities. The current administration has broadened protections for nationals of countries such as Afghanistan and Ukraine. Legislative proposals have also been introduced to offer permanent status to long-term TPS holders, though no law has been enacted yet. At the same time, some political groups continue to oppose TPS designations and seek to end the program entirely.
Due to the changing nature of TPS eligibility and designation, it is essential to stay informed and work with qualified legal professionals when applying or renewing TPS.