TPS Immigrants Eligible for Permanent Residency, Despite Illegal Entry

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Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of some countries who face problems that make it hard or unsafe for their nationals to be deported to those countries.

TPS has been an efficient solution for individuals already in the United States when problems in an original country make their departure or deportation impossible. This document provides a work permit and avoids deportation to foreign nationals from those countries who are in the United States despite illegal entry.

Reasons can a country be designated for TPS:

A country may be designated for TPS for one or more of the following reasons:

• An ongoing armed conflict, such as a civil war, that poses a serious threat to the personal safety of returning nationals;

• An environmental disaster, such as an earthquake, hurricane, or epidemic, that results in a substantial but temporary disruption of living conditions, and because of which the foreign state is temporarily unable to adequately handle the return of its nationals;

• Extraordinary and temporary conditions in the foreign state that prevent its nationals from returning to the state in safety (unless the U.S. government finds that permitting these nationals to remain temporarily in the United States is contrary to the U.S. national interest).

What is Temporary Protected Status?

Temporary Protected Status (TPS) was created in the Immigration Act of 1990. It is a temporary immigration status provided to nationals of some specific countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions.

How long are TPS designations?

A TPS designation can be made for 6, 12, or 18 months at a time.

Who is eligible for TPS?

To qualify for TPS, an individual must:

• Be a national of the foreign country with a TPS designation (or if stateless, have last habitually resided in a country with a TPS designation);
• Be continuously physically present in the United States since the effective date of designation;
• Have continuously resided in the United States since a date specified by the Secretary of Homeland Security; and
• Not be inadmissible to the United States or be barred from asylum for certain criminal or national security-related reasons, such as individuals who have been convicted of any felony or two or more misdemeanors.
• Nationals of a designated country do not automatically receive TPS, but instead must register during a specific registration period and pay significant fees.

Moreover, an individual’s immigration status at the time of application for TPS has no effect on eligibility, nor does the previous issuance of an order of removal.

Which countries have TPS immigrants?

As of September 2022, the following countries were designated for TPS and the designation had not expired:

• Afghanistan (Valid through November 20, 2023)
• Burma (Valid through May 25, 2024)
• Cameroon (Valid through December 7, 2023)
• El Salvador (Extended until December 31, 2022)
• Haiti (Extended until February 3, 2023)
• Honduras (Extended until December 31, 2022)
• Nepal (Extended until December 31, 2022)
• Nicaragua (Extended until December 31, 2022)
• Somalia (Extended until March 17, 2023)
• South Sudan (Extended until November 3, 2023)
• Sudan (Extended until October 19, 2023)
• Syria (Extended until March 31, 2024)
• Ukraine (Valid through October 19, 2023)
• Venezuela (Extended until March 10, 2024)
• Yemen (Extended until March 3, 2023)

What does TPS authorize a noncitizen to do?

If you are eligible for TPS must register by applying to USCIS. You need to demonstrate eligibility and then USCIS grants TPS.

You will receive a temporary stay of deportation and temporary authorization to work in the United States.

TPS beneficiaries are also eligible for advance parole, which provides permission to travel abroad and return to the United States, but they must apply for it separately.

What happens to a TPS immigrants when a TPS designation ends?

TPS beneficiaries return to the immigration status that they held prior to receiving TPS unless that status has expired, or the person has acquired a new immigration status. TPS immigrants who entered the U.S without inspection and who are not eligible for other immigration benefits, would return to being undocumented at the end of a TPS designation and become subject to deported.

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Related Link: American Immigration Council