Temporary Protected Status (TPS) is designed to allow foreign nationals from countries with unsafe conditions to reside and work legally in the United States and to potentially travel abroad a with safe return to the U.S. TPS is available to individuals from countries experiencing ongoing armed conflict, environmental disasters, epidemics, or other extraordinary or temporary conditions making a return to their home country difficult or dangerous. TPS is not automatically granted to those from the designated countries but must be applied for during specific registration periods. Since TPS is not a permanent status, reregistration is required during each registration period. To qualify for TPS an individual must be:

(1) a national of a foreign country with a TPS designation

(2) be continuously present in the U.S. since the effective date of the designation

(3) continuously resided in the U.S. since the date specified by the Secretary of Homeland Security; and

(4) not be admissible to the U.S. or barred from asylum for certain criminal or national security-related reasons.

Currently, the program is underutilized. While there are approximately 355,000 TPS holders living throughout the country, another 270,000 people may be eligible for Temporary Protected Status under the program.

Individuals granted TPS are not removable from the U.S., are not detainable by the U.S. Immigration and Customs Enforcement (ICE) based on immigration status, are eligible for employment authorization documentation (EAD), and are eligible for travel authorization. However, TPS holders are not eligible for any public assistance through their TPS status. TPS holders can also apply for permission to travel internationally with the ability to return safely to the U.S. Those wishing to travel must make an additional, separate application for specific TPS travel documents that use a separate legal authority permitting recipients to leave the U.S. and be inspected and admitted upon return. However, the USCIS warns that if a TPS holder either leaves the country before TPS travel authorization is granted, or while authorization is pending, TPS status may be lost and reentry to the U.S. may be denied. Prior to July 2022, TPS holders were granted advanced parole for travel and those with existing, unexpired advanced parole documents can still continue to use them for travel and reentry to the U.S. while still valid.

TPS offers some major advantages for asylum seekers. For asylum applicants who qualify for TPS, being granted and maintaining TPS status effectively stops the clock on the one-year filing requirement if it has not already expired. TPS status is considered an extraordinary circumstance for the purpose of the one-year deadline if the delay is for a reasonable period within those circumstances and allows the applicant to still file for asylum even if the one-year deadline has passed. TPS can also allow an asylum seeker to travel and does not affect an asylum application or any other application benefit.

TPS is a temporary benefit and not a path to citizenship. It does not lead to a lawful permanent resident status or any other immigration status. However, TPS recipients who are otherwise eligible to adjust their status and who initially entered the U.S. without proper documentation may be eligible to adjust status to that of a green card holder. TPS recipients may do this by applying and using the ravel authorization to travel abroad. Upon their return, the recipient may be inspected and granted a lawful admission into the U.S. Re-entry into the U.S. with TPS travel documents meets the requirement for a lawful inspection and admission into the U.S. to apply for a green card application or adjustment of status. For those who entered the U.S. without inspection and do not have TPS travel permission, leaving the country for a visa interview at a consular post could be risky and would potentially trigger bars to reentry. So, while TPS is not a path to citizenship per se, TPS travel permission may allow those who entered the U.S. without inspection to adjust status more easily and efficiently without danger of being barred from re-entry into the country.

Countries are designated for six, twelve, or eighteen months at a time. 60 days prior to designation ending, depending on country conditions, the Secretary of Homeland Security will determine whether to extend or cancel designations. If no decision is published in the Federal Register within that time, the designation automatically extends for six months. Current countries with TPS designation are:

• Afghanistan
• Burma (Myanmar)
• Cameroon
• El Salvador
• Ethiopia, Haiti
• Honduras
• Nepal
• Nicaragua
• Somalia
• South Sudan
• Sudan
• Syria
• Ukraine
• Venezuela
• Yemen

Each designated country has its own specific dates for designation, filing, and deadlines. When a country’s designation ends, a TPS holder returns to their previous immigration status unless a new status has been successfully acquired or that status has expired. If the TPS beneficiary entered the U.S. without inspection and is not eligible for other immigration benefits, they would return to undocumented status and would be subject to removal.

It is important to evaluate all the immigration benefits you may qualify for and to apply in a timely manner, such as TPS. Here at ILBSG, we are ready and able to ensure you get the right legal advice.