Temporary Protected Status

Updated on Thursday 16th June 2016

Temporary Protected Status Image The Temporary Protected Status (TPS) is a form of humanitarian relief issued for individuals who are in the U.S. however are not able to go back to their countries of origin because of:

•    “natural disaster”;
•    “extraordinary temporary conditions”; or
•    “ongoing armed conflict”.

Unlike the asylum in the U.S., the Temporary Protected Status is issued for 6, 12 or 18 months with the possibility of a further extension if the insecure conditions in the country continue. 

Eligibility Criteria for TPS in the U.S.

In order to be eligible for the Temporary Protected Status in the U.S., the candidate has to meet the following criteria:

•    He or she has to originate from a country designated for Temporary Protected Status or has to have resided regularly in the designated country;
•    The applicant must file for TPS during the period of the first registration or re-registration, or he or she has to fulfill the criteria for late first registration during the extension of his or her country’s TPS designation;
•    He or she must have been permanently physically present in the U.S. since the actual date of the latest designation date of his or her country of origin; and
•    The candidate must have been residing on a permanent basis in the U.S. starting from the date mentioned for his or her country of origin. Our immigration lawyers in Miami can provide more details on this matter.

Rejection of the TPS in the U.S.

The reasons for rejection of the TPS in the U.S. include:

•    Previous conviction for any felony or two or several misdemeanors in the U.S.;
•    Inadmissibility of the candidate as an immigrant under the appropriate grounds in INA division 212(a), comprising  non-waivable security-connected and criminal reasons. Our Miami immigration lawyers can offer further assistance regarding this matter;
•    The cases when the applicant is subject to compulsory bars to asylum. These can be comprised of taking part in the persecution of another person or engaging or provoking terrorist activity;
•    Failure to meet the permanent physical presence and permanent residence in the U.S. demands;
•    Failure to meet the first or late first TPS registration criteria; or
•    Failure to re-register for TPS after being granted the TPS, as demanded, without reasonable cause.

In case you need to know more details about the Temporaray Protected Status in the U.S., please contact one of our immigration attorneys in Miami.