IMMIGRATION

TPS

The Secretary of the Department of Homeland Security can designate a foreign country at Temporary Protected Status (TPS, due to conditions in that country that prevent citizens of the country from temporarily returning to their country safely. USCIS may grant TPS to eligible nationals of certain countries (or parts of them) who are already in the United States. Eligible individuals who do not have nationality and whose last residence was the designated country may also get TPS.

The DHS Secretary may designate a country to TPS due to the following temporary conditions:

  • Ongoing armed conflict (such as a civil war).
  • A natural disaster (such as an earthquake or hurricane) or an epidemic.
  • Other extraordinary and temporary conditions.

During the designated period, individuals who are TPS beneficiaries or have been preliminarily TPS eligible during their initial case review:

  • They will not be removed from the United States.
  • They can obtain an Employment Authorization Document (EAD).
  • They can obtain a travel authorization.

Once TPS is granted, a person cannot be detained by DHS because of their immigration status in the United States.

TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status. However, registering for TPS does not prevent you from:

  • Apply for Nonimmigrant status.
  • File an Application for Adjustment of Status based on an immigrant petition.
  • Apply for any other immigration benefits or protection for which you may be eligible.

An application to TPS does not affect an application for asylum or any other immigration benefit, or vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, even though the grounds for denying such an application could also lead to denial of TPS.

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