1. What is Temporary Protected Status (TPS) in the United States?

Temporary Protected Status (TPS) is a temporary immigration status granted to eligible individuals from certain countries that are facing ongoing armed conflict, environmental disasters, or other extraordinary conditions that make it unsafe for their nationals to return home. TPS provides protection from deportation and allows individuals to work legally in the United States for a designated period of time. It is typically granted for 6 to 18 months and can be extended as the conditions in the home country continue to warrant temporary refuge for its nationals. TPS does not lead to permanent residency or citizenship, but it provides a vital lifeline for individuals who cannot safely return to their home country due to the precarious conditions there. These individuals are required to undergo rigorous background checks to ensure they meet the eligibility criteria for TPS and do not pose a security risk to the United States.

2. How does someone qualify for Temporary Protected Status?

To qualify for Temporary Protected Status (TPS), an individual must meet the following criteria:
1. Nationality: The individual must be a national of a country designated for TPS by the U.S. government.
2. Timely Registration: The individual must file their application for TPS during the designated registration period or meet any late filing requirements.
3. Continuous Physical Presence: The individual must have been continuously physically present in the U.S. since the effective date of the most recent designation of their country for TPS.
4. Continuous Residence: The individual must have resided continuously in the U.S. since the date specified by the U.S. government for their country’s designation for TPS.
5. Not Ineligible: The individual must not fall under certain bars to TPS, including criminal convictions or being subject to certain removal orders.
Meeting these requirements is essential for an individual to be granted Temporary Protected Status and be allowed to legally remain in the U.S. for a specified period due to conditions in their home country that prevent their safe return.

3. Which countries are currently designated for TPS by the United States?

As of the latest information available, the countries currently designated for Temporary Protected Status (TPS) by the United States are:
1. El Salvador: Designated for TPS since March 9, 2001.
2. Haiti: Designated for TPS since January 21, 2010.
3. Honduras: Designated for TPS since January 5, 1999.
4. Nepal: Designated for TPS since June 24, 2015.
5. Nicaragua: Designated for TPS since January 5, 1999.
6. Somalia: Designated for TPS since September 18, 1991, with an extended designation for Somalia’s civil war and armed conflict.
7. South Sudan: Designated for TPS since November 3, 2011, due to ongoing armed conflict and extraordinary and temporary conditions.

These countries have been granted TPS due to ongoing armed conflicts, environmental disasters, or other extraordinary conditions that prevent their citizens from safely returning to their home countries. It’s important to note that the status of TPS for each country may change over time based on evolving circumstances and decisions made by the U.S. government.

4. Can someone with TPS work in the United States?

Yes, individuals with Temporary Protected Status (TPS) are generally permitted to work in the United States. When an individual is granted TPS, they also receive employment authorization documents (EADs) that allow them to legally work in the country during the designated TPS period. In order to maintain employment authorization, TPS beneficiaries must renew their status as required and continue to meet any other eligibility criteria specified for the program.

1. It’s important for individuals with TPS to ensure that their EADs are valid and not expired to lawfully work in the United States.
2. TPS beneficiaries are encouraged to stay informed about any changes in TPS policies or regulations that may impact their ability to work in the country.
3. Employers are also required to verify an employee’s eligibility to work in the U.S., including individuals with TPS, by examining their valid EAD and completing the necessary employment verification forms.
4. Overall, TPS provides a temporary legal status for individuals facing specific circumstances in their home countries, allowing them to work and live in the U.S. while the conditions in their home country improve.

5. How long does TPS protection last?

Temporary Protected Status (TPS) protection typically lasts for a designated period set by the Department of Homeland Security (DHS). The initial designation period can vary depending on the specific circumstances that led to the designation, such as ongoing armed conflict, environmental disaster, or other extraordinary conditions in the home country. The duration of TPS protection can be extended in increments, with the DHS evaluating the conditions in the designated country to determine if it is safe for TPS beneficiaries to return. TPS beneficiaries are required to re-register during designated periods to maintain their status, and they will receive notice of any extensions or termination of their TPS designation well in advance to allow for proper planning.

6. Can TPS recipients travel outside the United States?

Yes, Temporary Protected Status (TPS) recipients can generally travel outside the United States with the proper permission from the U.S. government. Here are some key points to consider regarding TPS and international travel:

1. Advance Parole: TPS beneficiaries must obtain a travel document called Advance Parole from the U.S. Citizenship and Immigration Services (USCIS) before leaving the country. This document allows them to reenter the U.S. after traveling abroad without jeopardizing their TPS status.

2. Restrictions: It’s important for TPS recipients to comply with all the regulations related to international travel. Failure to do so could result in the potential loss of TPS status and the ability to return to the U.S.

3. Country-Specific Considerations: TPS holders should also be aware of any specific travel restrictions or advisories related to their home countries. They should stay informed about any changes in TPS designations or diplomatic relations that could affect their ability to travel.

Overall, TPS recipients can travel outside the U.S. under certain conditions and with the appropriate documentation. It’s essential for them to understand and follow the rules to ensure they can safely return to the U.S. and maintain their TPS status.

7. Are TPS holders eligible for government benefits and programs?

Yes, Temporary Protected Status (TPS) holders are generally eligible for certain government benefits and programs in the United States. This includes access to social services such as emergency medical assistance, disaster relief, and certain types of public benefits. However, TPS holders are not typically eligible for federal means-tested public benefits such as Medicaid, Supplemental Security Income (SSI), or food stamps.

1. TPS holders may be eligible for certain state and local benefits depending on the jurisdiction.
2. It’s important for TPS holders to consult with an immigration attorney or an accredited representative to understand their specific eligibility and rights to benefits and programs.
3. TPS holders should also be cautious about potential changes to policies and regulations that may affect their eligibility for government benefits in the future.

8. What happens if a TPS designation for a particular country is terminated?

If a Temporary Protected Status (TPS) designation for a particular country is terminated, several consequences may occur for individuals from that country holding TPS status:

1. Those with TPS will generally lose their legal status to remain and work in the United States.
2. They may become subject to removal proceedings and deportation from the United States.
3. The terminated TPS beneficiaries will need to either adjust their immigration status, find another legal status, or voluntarily depart the U.S.
4. It is crucial for individuals affected by the termination of TPS designation to seek legal counsel to understand their options and rights.
5. The termination of TPS for a specific country does not automatically result in immediate removal; beneficiaries are typically given a period to prepare for departure or seek alternative lawful status.

9. Can TPS holders apply for permanent residency or citizenship?

Yes, TPS holders are able to apply for permanent residency under certain circumstances. There are a few different scenarios in which TPS holders may be eligible to adjust their status to permanent residency:

1. Family-based petitions: TPS holders who have immediate family members who are U.S. citizens or lawful permanent residents may be able to apply for permanent residency through family sponsorship.

2. Employment-based visas: TPS holders who have employment opportunities in the U.S. may be able to apply for permanent residency through employment-based visas, such as the EB-1, EB-2, or EB-3 categories.

3. Special programs: Some TPS holders may qualify for special immigrant programs, such as the Diversity Visa Lottery or as victims of human trafficking, domestic violence, or other crimes.

Regarding citizenship, TPS holders can eventually become eligible to apply for U.S. citizenship after they have held lawful permanent resident status for a certain period of time, typically five years. It is important for TPS holders seeking permanent residency or citizenship to consult with an immigration attorney or accredited representative to understand their options and navigate the complex application process.

10. Is there a fee to apply for Temporary Protected Status?

No, there is currently no fee to apply for Temporary Protected Status (TPS) in the United States. This is because TPS is a humanitarian benefit granted to individuals from specific countries experiencing severe conditions such as armed conflict, natural disasters, or extraordinary and temporary conditions that prevent their safe return. The application process for TPS does not require a fee as it is designed to provide temporary relief to eligible individuals in need of protection. It is important to note that the fee waiver for TPS applications is subject to change, so applicants should always refer to the most up-to-date information from the U.S. Citizenship and Immigration Services (USCIS) to confirm the current fee requirement status.

11. What is the process for renewing TPS status?

To renew Temporary Protected Status (TPS), individuals must submit Form I-821, Application for Temporary Protected Status, during the designated registration period set by the U.S. Citizenship and Immigration Services (USCIS). The form must be accompanied by the required filing fee, unless a fee waiver is requested and approved. Additionally, applicants may need to submit biometric information and undergo background checks. It is crucial to ensure all information is accurate and up to date to avoid any delays or potential issues with the renewal process. Once USCIS reviews the application, they will make a decision to either approve or deny the renewal of TPS status. If approved, the individual will receive a new Employment Authorization Document (EAD) and an updated Form I-94 reflecting the extended TPS status.

12. Can family members of TPS holders also get TPS protection?

Family members of Temporary Protected Status (TPS) holders are not automatically granted TPS protection themselves. However, they may be eligible to apply for their own TPS status if they meet the requirements independently. This means that each family member must separately qualify for TPS based on their own circumstances, such as country of origin, residency in the United States during the designated period, and eligibility criteria for TPS. It is crucial for family members to submit their own applications for TPS if they believe they meet the necessary criteria. It is advisable to consult with an immigration attorney or accredited representative for guidance on specific eligibility requirements and the application process to ensure the best possible outcome.

13. Are TPS holders protected from deportation?

Yes, Temporary Protected Status (TPS) holders are protected from deportation while their TPS designation is in effect. This protection includes a temporary stay on removal proceedings and the ability to legally reside and work in the United States. However, it is essential for TPS holders to maintain their status and comply with any requirements set forth by the U.S. Citizenship and Immigration Services (USCIS) to continue benefiting from this protection. It’s important for individuals with TPS to stay informed about any updates or changes to their status, as TPS protections can change based on policy decisions and government actions.

14. What rights do TPS holders have in terms of employment?

Temporary Protected Status (TPS) holders have the right to work legally in the United States while their TPS designation is in effect. This means they can obtain a work permit, also known as an Employment Authorization Document (EAD), which allows them to seek and maintain employment without the risk of deportation. TPS holders are eligible to work for any employer in the U.S., and their employers are required to verify their eligibility to work using the EAD. Additionally, TPS holders are entitled to the same employment rights and protections as other workers in the U.S., including minimum wage, overtime pay, and workplace safety regulations. It is important for TPS holders to keep their work permits up to date and comply with all employment regulations to maintain their legal status.

15. Can TPS holders apply for a driver’s license in the United States?

Yes, Temporary Protected Status (TPS) holders are eligible to apply for a driver’s license in the United States. Each state in the U.S. has its own regulations regarding driver’s license eligibility for TPS holders, but in general, TPS documentation is considered valid identification for obtaining a driver’s license. However, TPS holders may need to meet other state-specific requirements, such as providing proof of residency, Social Security number, and passing a written and road test. It is essential for TPS holders to check with their local Department of Motor Vehicles to understand the specific requirements in their state for obtaining a driver’s license with TPS status.

16. Are there any restrictions on TPS holders in terms of travel within the US?

Yes, there are some restrictions on travel for Temporary Protected Status (TPS) holders within the United States. These restrictions primarily relate to certain types of criminal convictions or pending criminal cases. TPS beneficiaries are expected to comply with all U.S. laws and regulations. Any criminal convictions, even minor ones, could potentially impact their ability to travel freely within the country. Additionally, individuals with a final order of removal may have limitations on their ability to travel. It is crucial for TPS holders to stay informed about their legal status and any potential restrictions that may apply to them to avoid any issues with their TPS status.

17. How does someone apply for Temporary Protected Status?

To apply for Temporary Protected Status (TPS), individuals must meet the eligibility requirements set by the U.S. Citizenship and Immigration Services (USCIS). Typically, the process involves the following steps:

1. Eligibility Determination: Applicants must be nationals of a country designated for TPS by the U.S. government and meet other specific criteria, such as continuous physical presence and the absence of certain criminal convictions.

2. Filing Form I-821: The primary form used to apply for TPS is Form I-821, Application for Temporary Protected Status. This form, along with supporting documentation, must be filed within the designated registration period announced by USCIS for each country.

3. Submitting Supporting Documents: Along with Form I-821, applicants may need to provide evidence of nationality, identity, continuous residence in the U.S., and other relevant documentation to support their TPS application.

4. Biometrics Appointment: After submitting the application, applicants will be scheduled for a biometrics appointment at a USCIS Application Support Center to provide fingerprints, photograph, and signature.

5. Application Review: USCIS will review the application and supporting documents to determine eligibility for TPS. If additional information is required, USCIS may issue a Request for Evidence (RFE).

6. Decision Notification: Once the review process is complete, USCIS will notify applicants of the decision on their TPS application. If approved, individuals will receive an Employment Authorization Document (EAD) and be granted temporary protection from deportation.

It is important for applicants to follow the TPS application instructions carefully and seek legal assistance if needed to ensure a smooth and successful application process.

18. Can TPS be extended beyond the designated end date for a country?

Yes, Temporary Protected Status (TPS) can be extended beyond the designated end date for a country. The United States Secretary of Homeland Security has the authority to designate a country for TPS and has the discretion to extend TPS for that country if the conditions that led to the initial designation still exist. Extensions are typically granted in increments of six, twelve, or eighteen months. The decision to extend TPS is based on a thorough review of the country conditions and is announced in the Federal Register. TPS beneficiaries are encouraged to closely monitor updates from the U.S. government regarding their TPS status and any potential extensions.

19. What are the eligibility requirements for TPS recipients to apply for a work permit?

In order for Temporary Protected Status (TPS) recipients to apply for a work permit, they must meet certain eligibility requirements. These requirements include:

1. Holding TPS status: The individual must be currently granted TPS by the U.S. government.
2. Applying for a work permit: The TPS recipient must submit Form I-765, Application for Employment Authorization, to request a work permit.
3. Maintenance of TPS status: The individual must continue to meet all the requirements for TPS status throughout the application process.
4. Not being ineligible for employment: TPS recipients must not be barred from employment in the U.S. for any reasons unrelated to their TPS status.
5. Paying the required fees: There are fees associated with applying for a work permit, and these must be paid in full.
6. Timing: TPS recipients must apply for the work permit during the designated application period, as specified by the U.S. Citizenship and Immigration Services (USCIS).

It is crucial for TPS recipients seeking to obtain a work permit to meet all these eligibility requirements in order to legally work in the United States while under TPS status.

20. Are there any recent changes or updates to the Temporary Protected Status program?

Yes, there have been some recent changes and updates to the Temporary Protected Status (TPS) program. As of September 2021, the Biden administration announced the expansion and redesignation of TPS for Afghanistan due to the ongoing humanitarian crisis in the country, allowing eligible Afghan nationals to apply for protection. Additionally, there have been efforts to review and potentially redesignate TPS for other countries, such as Venezuela and Haiti, to ensure that individuals from these nations are protected from deportation and can remain in the United States. It is important for individuals who may qualify for TPS to stay informed and consult with legal experts to understand their eligibility and rights under the program.