Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries by the U.S. Attorney General. These individuals are not required to leave the U.S. even if their non-immigrant status has expired. The Attorney General may designate a country for TPS when she determines, after consulting with appropriate government agencies, that:

(a) There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety;

(b) The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation; or

(c) There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Attorney General finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the United States.

A TPS designation is effective for a minimum of 6 months and a maximum of 18 months. An individual granted this status is, however, required to register with the INS each year. Before the end of the TPS designation period, the Attorney General will review the conditions in the designated country. If she believes that the conditions that led to the TPS designation continue to be met, an additional extension of 6, 12, or 18 months may be granted. If the conditions that led to the TPS designation are no longer met, however, the TPS designation for that country are withdrawn. TPS does not lead to permanent resident status. When a TPS designation is not extended, TPS beneficiaries must either return home or must return to the same immigration status they had before TPS. If the status they had before being granted TPS has expired or has been terminated and no other status has been granted while they were in TPS, they will be asked to leave the United States.

A person may be eligible to apply for temporary protected status if they:

• are a national of a country designated by the Attorney General for temporary protected status. (You may also be eligible if you are a person who has no nationality but last habitually resided in a designated country).
• apply for TPS during the specified registration period.
• have been continuously physically present in the United States since the temporary protected status designation began.
• have lived in the United States since a date specified by the Attorney General. (Note: This date is listed in the Federal Register notice of designation and may be different than the date temporary protected status became effective.)
• are admissible as an immigrant. People are considered inadmissible for reasons such as posing a public health threat or committing terrorist acts and other crimes.

Individuals who are from countries which have been designated by the Attorney General and who apply for and are granted TPS can obtain work authorization for the initial TPS period and for any extensions of the designation.

It is important to not that individuals who are granted temporary protected status, must receive advance permission to return to the United States if traveling abroad. This advance permission is called Advance Parole. If a TPS beneficiary does not apply for Advance Parole before leaving the country, the temporary protected status may be withdrawn. That person may also be prevented from returning to the United States, and even may be removed from the United States when trying to return.

The following is the list of countries currently designated by the Attorney General for Temporary Protected Status

In this section see also:

Doctors and Nurses
Removal/Deportations