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Who qualifies for Temporary Protected Status?

| Jan 4, 2021 | Immigration Law

If your country of origin is dangerous to return to, you may qualify for Temporary Protected Status. This is an immigration status given to nationals from countries where it may be difficult or even dangerous to go back to.

Temporary Protected Status or TPS has saved hundreds of thousands of people, explains the American Immigration Council.

How countries obtain TPS

TPS can provide you with a work permit or deportation stay if you came from a country given a TPS designation.

The TPS Immigration Act appoints countries based on several considerations:

  • Ongoing environmental disasters
  • Ongoing armed conflicts
  • Extraordinary conditions

If an environmental disaster, such as a hurricane, earthquake or epidemic creates a disruption where the country cannot handle the return of nationals, then the country may be eligible. Civil wars or other combat situations that become a threat to returning nationals are a serious concern and a valid reason for a country to obtain Temporary Protected Status. Extraordinary conditions may refer to a country that prevents nationals from returning safely.

How to be eligible for TPS

If granted a TPS designation, the country stays designated for between six and 18 months at a time. 60 days before expiration, the designation may have an extension. It is the Secretary of Homeland Security that decides whether a country qualifies for TPS. The Secretary will discuss his or her considerations about your home country with government agencies.

If you are a national of a foreign country that has a TPS designation or if you reside in a country with a TPS designation, you may qualify. If you have stayed in the United States since the designation, you can register and pay a fee to qualify.