Temporary Protected Status (TPS) is a critical humanitarian program administered by U.S. Citizenship and Immigration Services (USCIS), providing temporary immigration relief to eligible foreign nationals present in the United States. This status is granted when conditions in their home countries pose a significant safety risk, preventing their safe return.

Legislative Foundation and Program Objectives

• Immigration and Nationality Act (INA):
  • The legal framework for TPS is established within the Immigration and Nationality Act, outlining the criteria and procedures for designation and implementation.
• Humanitarian Relief:
  • The primary objective of TPS is to offer a safe haven to individuals who would face substantial hardship or danger if forced to return to their home countries.
  • It acknowledges the U.S. government’s commitment to providing temporary protection during times of crisis.

Eligibility Criteria

To qualify for TPS, an individual must demonstrate:

• Nationality or Habitual Residence:
  • They must be a national of a country designated for TPS, or a person without nationality who last habitually resided in a designated country.
• Continuous Physical Presence (CPP):
  • They must have been continuously physically present in the United States since the effective date of the most recent designation of their country.
  • USCIS defines “continuous physical presence” with specific guidelines, allowing for certain brief and innocent departures.
• Continuous Residence (CR):
  • They must have been continuously residing in the United States since the date specified by USCIS for their country.
  • This requirement emphasizes a sustained presence within the U.S.
• Admissibility:
  • They must meet general admissibility requirements, with certain waivers available for specific grounds of inadmissibility.
• Absence of Disqualifying Factors:
  • They must not have been convicted of any felony or two or more misdemeanors committed in the United States.

Designation and Termination Procedures

• Secretary of Homeland Security’s Authority:
  • The Secretary of Homeland Security holds the authority to designate, extend, or terminate TPS for specific countries.
  • These decisions are based on evaluations of conditions in the foreign countries.
• Designation Factors:
  • Ongoing armed conflict posing a substantial threat to personal safety.
  • Environmental disasters causing significant disruption of living conditions.
  • Extraordinary and temporary conditions preventing safe return.
• Federal Register Notices:
  • All TPS designations, extensions, and terminations are published in the Federal Register, providing official notification to the public.
• Termination Scenarios:
  • TPS designation may be terminated when conditions in the foreign country improve, or the extraordinary conditions cease to exist.

Application and Maintenance Process

• Form I-821, Application for Temporary Protected Status:
  • This form is the primary application for TPS, requiring detailed personal information and supporting documentation.
• Form I-765, Application for Employment Authorization:
  • Individuals seeking work authorization must file this form concurrently with or after Form I-821.
• Biometrics Collection:
  • USCIS collects biometrics (fingerprints, photographs, and signatures) to verify identity and conduct background checks.
• Re-registration:
  • TPS beneficiaries must re-register during specified periods to maintain their status.
  • Failure to re-register can result in the loss of TPS benefits.
• Travel Authorization (Advance Parole):
  • Form I-131, Application for Travel Document, is required for authorized travel outside the U.S.
  • Unauthorized travel can jeopardize TPS status.

Benefits and Limitations

• Benefits:
  • Temporary lawful immigration status during the designation period.
  • Employment authorization through an Employment Authorization Document (EAD).
  • Protection from detention and removal based on immigration status.
• Limitations:
  • TPS does not provide a pathway to lawful permanent residence or citizenship.
  • Travel restrictions apply, requiring advance parole.
  • TPS is contingent upon the continued designation of the individual’s country.

Considerations

• Documentation:
  • Accurate and comprehensive documentation is essential for all stages of the TPS process.
• Legal Counsel:
  • Given the complexity of immigration law, seeking advice from an experienced immigration attorney is highly recommended.
• USCIS Resources:
  • The USCIS website provides valuable resources, including forms, instructions, and policy manuals.