Temporary Protected Status (TPS)
Legal Help with Humanitarian Relief
What is TPS?
Temporary protected status (TPS) is a form of humanitarian relief the United States grants to eligible nationals of designated countries. In 1990, Congress established a mechanism by which the U. S. attorney general may bestow TPS status on immigrants who are temporarily unable to return safely to their home country because of extraordinary temporary conditions, such as war or environmental disaster. Other temporary conditions that may warrant TPS status are when the country is unable to manage adequately the return of its nationals.
The list of TPS nations changes frequently. Currently, citizens from the following countries have been extended temporary protected status:
- El Salvador
- South Sudan
In addition, Pakistan, Guatemala and the Philippines have requested TPS.
If you have been hurt in an accident or by a product, you may be entitled to a cash reward. It is important to have an attorney who understands your legal status in the United States guide you through these types of cases while protecting your rights so you receive the compensation you are entitled to.
Requirements for Obtaining TPS Status
Applicants for TPS must meet these requirements:
- They must establish continuous physical presence and residence in the U.S. for a stipulated period
- They may not pose criminal or security threats to the U.S.
- They must apply for TPS status within the period stipulated in the relevant regulation
Advantages of Seeking Temporary Protective Status
Once granted TPS status, the Department of Homeland Security (DHS) cannot detain or deport you based on immigration status. You also have the right to obtain an employment authorization document (EAD) and may be granted travel authorization. Even though your status under TPS is temporary, you still have the opportunity to apply for nonimmigrant status or file for adjustment of status based on an immigrant petition.
TPS Versus Asylum/Refugee Status
The U.S. provides special temporary protection status for persons from certain countries where extreme hardship exists (generally an active war or environmental disaster), and this protection is not limited to a set quota of persons. The U.S. also provides protections through asylum and refugee status to individuals who have well-founded fears of persecution. Asylees and refugees are allowed to work in the U.S. for an unlimited time. In contrast, foreign nationals with TPS status may only work and live in the U.S. until the TPS period expires.
Contact a New York Immigration Lawyer
For more information about temporary protected status, call the Long Island Law Offices of William A. Streppone at (631) 265-3988 or contact us online. We offer a free initial consultation to discuss your immigration concerns.