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Temporary Protected Status (TPS) is provided to eligible foreign-born individuals by the U.S. Department of Homeland Security Secretary. The temporary status is designed to help eligible nationals of designated countries currently in the U.S. remain in the United States.
TPS is typically granted when an eligible individual cannot return home safely due to circumstances or conditions that prevent their country from properly handling the return, such as a natural disaster or armed conflict. As of 2017, approximately 320,000 people have TPS in ten countries, mostly from El Salvador, Honduras, and Haiti.
An individual national of a country designated for TPS may be eligible for protected status. However, other requirements must be met, such as being continuously physically present in the United States for a set amount of time. If you have a prior felony conviction or have more than one misdemeanor in the U.S., you will be ineligible for temporary protected status. You will also be ineligible if you are considered “inadmissible” to the U.S. unless you have a waiver and file form I-601 with your application.
Individuals with TPS can receive an employment authorization document, also known as a work permit or EAD. Employment authorization expires on the same date as your TPS. To receive an employment authorization document, you must have a pending or approved form, I-821.
If the initial form I-821 is denied or if U.S. Citizenship and Immigration Services choose to withdraw their approval of TPS, an applicant is deemed no longer eligible to file for re-registration. However, if TPS is withdrawn or denied, it is possible to file another initial form, I-821. Applicants must also pay the full initial application fees.
If a subsequent form I-821 is approved by U.S. Citizenship and Immigration Services, the applicant’s TPS will be restored or reestablished. Applicants who have had their temporary protected status withdrawn or denied also have the option to file form I-290B (Notice of Appeal or Motion).
As of 2018, there are ten nationals of countries that are currently under temporary protected status, including:
Established in 1990 by the U.S. Congress, temporary protected status has helped countless foreign-born individuals remain in the United States for up to eighteen months with the option to renew indefinitely. Most TPS holders are employed, and approximately one-third are currently homeowners in the U.S. Reach out to one of our immigration attorneys at Johnson & Masumi, PC if you need assistance with being granted temporary protected status.
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