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What is temporary protected status?

On Behalf of | Nov 28, 2023 | Immigration Law

People in countries that are fraught with conflicts, natural disasters or certain types of unrest may want to come to the United States to get relief from those conditions. Temporary protected status is an immigration program that enables people from predetermined countries to remain in the U.S. for up to 18 months. The countries or areas on the TPS list are designated by the Secretary of Homeland Security.

It’s critical to remember that TPS isn’t a permanent solution. It doesn’t result in a path to benefit from permanent resident status on its own. However, individuals who are in the U.S. based on TPS can apply for adjustment of status or other immigration programs under certain circumstances.

What protections does TPS offer?

TPS enables people who are approved for the program to receive the right to work in this country through the issuance of an employment authorization document. These individuals aren’t able to be removed from the U.S. unless they do something that directly impacts their ability to remain in this country lawfully. Travel authorization is also possible, but participants must maintain specified physical presence in this country.

Being able to come into the U.S. through TPS isn’t an absolute right. People who have been convicted of felonies or misdemeanors and those who have factors that bar them from asylum won’t be granted TPS. Additionally, individuals newly convicted of such infractions may not be able to maintain their TPS authorization.

As part of TPS authorization, participants are mandated to re-register as required. Because the terms of this program are so complex, it’s best to seek legal guidance from someone who’s familiar with the guidelines. They can help you to learn exactly what you need to remain lawfully in the U.S. if you are a candidate for TPS.