Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a temporary immigration status provided to citizens of certain designated countries that are experiencing an ongoing armed conflict, environmental disaster, or other extraordinary and temporary situations.
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevents the country’s citizens from returning safely, or in certain circumstances, where the country is unable to handle the return of its citizens adequately. USCIS may grant TPS to eligible citizens 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.
Temporary Protected Status (TPS) is not automatic. Eligible individuals must apply. In order to be eligible for TPS, an individual must:
- Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
- 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 (Late initial filers see ‘Filing Late’ section below);
- Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
- Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.
You may NOT be eligible for TPS or to maintain your existing TPS if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States;
- Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
- Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
- Fail to meet the continuous physical presence and continuous residence in the United States requirements;
- Fail to meet initial or late initial TPS registration requirements; or
- If granted TPS, you fail to re-register for TPS, as required, without good cause.
As of the date of this posting, the following countries have received TPS designation status:
- Afghanistan
- Ukraine
- Burma (Myanmar)
- El Salvador
- Haiti
- Honduras
- Nepal
- Nicaragua
- Somalia
- South Sudan
- Sudan
- Syria
- Venezuela
- Yemen
A grant of TPS entitles the recipient to a temporary stay of deportation and temporary authorization to work in the United States. If otherwise eligible, some TPS recipients will be allowed to adjust status from within the United States.