Temporary Protected Status

What is temporary protected status?

A Temporary Protected Status designation provides temporary immigration status to immigrants of qualifying TPS countries to reside legally in the United States in order to escape hostile conditions in a home country. Currently, the United States designates six countries under the TPS program:

  • Nicaragua
  • Somalia
  • Sudan
  • Honduras
  • El Salvador
  • Haiti

If you apply and receive a Temporary Protected Status designation, your status should be secure for no less than six months and up to a year and a half.

How countries are chosen

The Secretary of the Department of Homeland Security decides whether or not to include countries based on a number of factors:

  • Is there a civil war or other armed conflict which poses a clear and present danger to the safety of people of that country?
  • Has the country recently suffered a catastrophic environmental problem that’s rendered living conditions unbearable?
  • Are certain individuals at risk for prosecution if they return to their home countries?

Prior to the expiration of the TPS designation period, the Secretary will again reviews the conditions within the specified country and, if the hostile conditions still exist, decide whether or not to continue the TPS period. Once again, the extension could range between 6, 12 or 18 months.

Who is eligible?

  • You must be a citizen of a designated TPS country.
  • You must apply during the eligible country’s designated registration period.
  • Applicant’s must be present in the U.S. continuously since the start of the registration period.
  • Applicant’s are required to continuously live in the U.S. since the date published in the Federal Register notice of designation, which could be different from the TPS designation effective date.

Applying for Temporary Protected Status:

  • Form I-821, Application for Temporary Protected Status and the appropriate filing fee
  • fingerprints
  • provide proof of residence
  • two photographs
  • evidence of nationality
  • Form I-765, Application for Employment Authorization for applicants between the ages of 14 and 65 regardless of whether or not you are seeking employment authorization. If you are seeking employment authorization, there is a fee with this application. However, if you are not, there is no fee required with this form.
Applying for Temporary Protected Status should be straightforward. However, the reality is that getting and keeping Temporary Protected Status can get quite complicated. If you need help understanding the rules or help fighting for your rights under TPS rules, contact the Law Offices of Eliana Phelps today by clicking the advice box below. We can give you a no obligation complimentary case evaluation. We understand immigration law backwards and forwards, and our experienced, hardworking staff of immigration lawyers can help you make the best decisions for your family’s future. With so much on the line, you need to get the Temporary Protected Status designation ASAP to avoid having to return to a hostile environment.

Call the Law Offices of Phelps Attorneys today to discuss your case!

Eliana Phelps