Temporary Protected Status

How Does Temporary Protected Status (TPS) Eligibility Work?

You can only successfully obtain TPS if you are a national or “habitual resident” of a country that has been designated by the Secretary of Homeland Security. Countries may receive TPS designation when conditions or extraordinary circumstances warrant consideration. The Secretary of Homeland Security has substantial discretion when deciding whether to grant a TPS designation.

A country could receive TPS designation if they are:

• In the midst of an ongoing armed conflict. Any type of sustained warfare, including civil war and the consistent presence of violent, non-government militia groups, may lead to the issuing of a TPS designation, particularly if there is little to no effort to insulate civilians from the conflict.
• Beset by one or more natural disasters. Earthquakes, tsunamis, and other calamities that significantly disrupt a nation’s infrastructure and make it unsafe for civilians or residents to return tend to qualify a country for TPS designation.
• Experiencing any other extraordinary (but temporary) circumstances. The Secretary of Homeland Security can elect to give a country TPS designation if there is any other scenario where it would be unsafe to send its residents or civilians home.

A country’s TPS status will typically remain active for an increment of 6, 12, or 18 months, though this period can be extended until conditions in the country improve. Once a country’s TPS designation has expired, individuals with TPS must return to their home country if they do not otherwise have immigration status (or are not in the active process of obtaining an immigration benefit).

Not sure whether your home country has TPS designation? Our New York City temporary protected status lawyer can help you understand whether you qualify.

Am I Eligible For Temporary Protected Status (TPS)?

If you are a citizen or a stateless person who frequently resided in a country with a TPS designation, you may be able to obtain TPS relief. To be eligible, you must have entered the United States before the Secretary of Homeland Security granted TPS designation to your home country.

If you entered after the designation is made, you in most cases will not be eligible. In some cases, the Secretary of Homeland Security may redesignate a country. If you missed the window for a previous designation but are in the U.S. before the redesignation date, you can apply under the redesignation.

Some of the countries that currently have TPS designations include:

• Somalia (through March 17, 2023)
• South Sudan (through November 3, 2023)
• Sudan (through November 3, 2023)
• Syria (through September 30, 2023)
• Yemen (through March 3, 2023)

You must have continued to reside in the United States, without interruption, after the TPS designation was issued. If you left the country at any point, for any reason, after the designation was made, you may no longer be eligible.

Finally, you must pose no threat to the United States, so a criminal record may disqualify you. The Law Office of Thomas D. Wilson can evaluate any prior convictions and be transparent when advising how they could impact your eligibility.

What Are The Benefits Of Having Temporary Protected Status (TPS)?

When you have TPS, you have the right to temporarily live in the United States until the TPS designation in your country expires. You can also obtain a work permit and request authorization to travel abroad.

Most importantly, when you have TPS, you cannot be deported to your home country. The purpose of this status is to protect you from being returned to a country that is not currently safe. You could be targeted for removal if your TPS expires and you do not otherwise have immigration status, so it is crucial to monitor updates to your home country’s designation. Some designations are renewed, while others are not.

Note that TPS does not automatically give recipients a path to a green card. Having TPS does not preclude you from green card eligibility either, however, so if you qualify through family immigration or some other avenue, you can seek a visa while your status is active.

Contact The Law Office of Thomas D. Wilson Today

Our New York City temporary protected status lawyer is passionate about helping you achieve your immigration goals. If you are in danger of being removed from the United States, we can discuss this and other forms of relief. We can also help you proactively work to protect your immediate future in the country before pursuing long-term solutions. Contact us today so we can get started working on your case.