Temporary protected status (TPS) may be granted by the U.S. Citizenship and Immigration Services (USCIS) to eligible nationals of certain countries. It applies when the conditions in the country temporarily prevent the country’s nationals from returning safely or where the country cannot adequately manage the return of its nationals.
These conditions may include an ongoing armed conflict, an environmental disaster or other extraordinary conditions. During the time they are granted TPS, the national cannot be removed from the U.S., can obtain employment authorization and may be granted a travel authorization.
To qualify for TPS, the national must be from an approved country, file during an open registration or re-registration and must have been physically present and continuously residing in the U.S. since the country was approved.
The applicant may not be eligible for TPS if he or she has been convicted of a felony or two or more misdemeanors in the U.S., have incited terrorist activity or participated in the persecution of another individual, did not meet the continuous physical and residence requirements or did not meet the registration requirements.
When the applicant files an initial application for TPS, he or she must submit evidence to demonstrate their identity and that they are a national from an approved country. He or she must also provide evidence to demonstrate when they entered the U.S. and continuous residence evidence.
If the documents provided are not sufficient, USCIS may send a request for additional information. An experienced immigration attorney can provide additional information and advice.