The Secretary of Homeland Security of United States may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
USCIS may grant Temporary Protected Status (TPS) to eligibile nationals of certain countries (or parts of countries), who are already in the United States.
Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
The Secretary may designate a country for Temporary Protected Status (TPS) due to the following temporary conditions in the country:
Ongoing armed conflict (such as civil war)
An environmental disaster (such as earthquake or hurricane)
Other extraordinary and temporary conditions
During a designated period, eligible individuals:
Are not removable from the United States
Cannot be detained by DHS
Can obtain an employment authorization document (EAD)
May apply for travel authorization
Although having TPS, by itself, does not lead to permanent resident status (a green card), a TPS beneficiary may immigrate permanently under another provision of law if qualified.
To find out more information about obtaining a green card through another provision of law, see the "Green Card" link to the right.
The laws pertaining to Temporary Protected Status (TPS) can be found in section 244 of the Immigration and Nationality Act (INA), 8 USC section 1254a, and in the regulations at 8 CFR Part 244. See links to the right.
The forms used to register and re-register for Temporary Protected Status (TPS) are:
I-821, Application for Temporary Protected Status
I-765, Application for Employment Authorization
You must file both forms together, even if you do not want work authorization.
You must also file these forms with the required fees, or a fee waiver request if you can show that you are not able to pay the fees.
For more Temporary Protected Status (TPS) information about your country, including registration requirements, fees and automatic EAD extensions, see the TPS designated countries pages listed to the left
If you have been granted Temporary Protected Status (TPS) by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA), you may receive employment authorization by filing Form I-765, Application for Employment.
You may also receive travel authorization by filing Form I-131, Application for Travel Document.
You must follow the procedures below for notifying USCIS through a specially designated e-mail address for IJ and BIA grants of TPS. PLEASE NOTE, do not request an EAD or travel authorization if you are currently in proceedings and have not yet been granted TPS. Only request an EAD or travel authorization after an IJ or BIA grants you TPS. For more information about Temporary Protected Status (TPS) grants by an Immigration Judge or the BIA, please see the "Granted TPS by an Immigration Judge or the Board of Immigration Appeals" section below.
Posted by The Media on 3/15/10 4:14 PM
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