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Temporary Protective Status (TPS)

Overview

The Secretary of Homeland Security may grant Temporary Protective Status (TPS) to nationals and residents of certain countries, due to temporary conditions in the country, such as ongoing armed conflict (such as civil war); environmental disasters (such as earthquake, hurricane, epidemic); other extraordinary and temporary conditions that prevent the country’s nationals from returning safely; or in certain circumstances, where the country is unable to handle the return of its nationals adequately.

During a designated period, such individuals are not removable from the United States; can obtain an employment authorization document (EAD), and may be granted travel authorization. However, TPS does not in and of itself lead to lawful permanent resident status or give any other immigration status.

Requirements

  • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country, i.e. El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan and Syria
  • File during the open initial registration or re-registration period or you meet the requirements for late initial filing during any extension of your country’s TPS designation
  • Have been continuously physically present in the United States since the effective date of the most recent designation date for your country
  • Have been continuously residing in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States.
  • Have not been convicted of any felony or two or more misdemeanors committed in the United States
  • Are not found inadmissible as an immigrant, under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds
  • Are not subject to any of the mandatory bars to asylum, such as participating in the persecution of other individuals or engaging in or inciting terrorist activity.