Temporary Protected Status
TEMPORARY PROTECTED STATUS "TPS"
WHAT IS TEMPORARY PROTECTED STATUS?
The Secretary of Homeland Security designates a foreign country for TPS due to conditions in the country that prevent its citizens from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
WHAT COUNTRIES QUALIFY FOR TEMPORARY PROTECTED STATUS?
WHAT FACTORS LEAD TO A TPS DESIGNATION?
The Secretary may designate a country for TPS due to the following temporary conditions in the country:
Ongoing armed conflict (such as civil war)
An environmental disaster (such as earthquake or hurricane), or an epidemic
Other extraordinary and temporary conditions
CAN I WORK AFTER GETTING TPS?
Yes. Anyone granted TPS will receive a work permit and social security number. You can also get a driver's license before the work permit and social security number arrive.
IF I AM UKRAINIAN, CAN I FLY TO US RIGHT NOW AND QUALIFY FOR TPS?
No. Only Ukrainians who were present in the US since March 1st, 2022 qualify for TPS. Similarly, only Afghan citizens present in the US since March 15th, 2022 qualify for TPS status. For other countries, you must have been in the US much earlier.
HOW LONG CAN I HAVE TPS?
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. Often, TPS recipients continue to qualify for many years after the initial designation.
CAN I APPLY FOR A GREEN CARD IF I ALREADY HAVE TPS?
Yes. If future circumstances change (marriage to a US citizen, for example), you might qualify for a green card. The TPS status will not affect its processing. Also, an application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. If you feel you may qualify for asylum, it is important to file your asylum case within 1 year of entering the US.
For any other questions regarding Temporary Protected Status, please contact our firm and come in for an initial consultation: (541) 780-6147. A consultation may also be booked online by clicking here.