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Temporary Protected Status
This site is designed to be a one-stop resource for all TPS-related information. Below, please find a basic introduction to the TPS program, links to the statute, regulations, and pertinent application forms, as well as information specific to each country (or part thereof) that is or was designated for TPS. For information about past TPS designations, please go to our TPS Archives page.
The Statute (INA § 244) and Regulations (8 CFR § 244) Forms:
I-821, Application for Temporary Protected Status
I-765, Application for Employment Authorizationn
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L. 101-649, Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, the authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service (Service) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).
During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS designation, the alien reverts to unlawful status upon the termination of that TPS designation.
Who is Eligible for TPS?
An alien who is a national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she:
• Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;
• Is not subject to one of the criminal, security-related, or other bars to TPS; and
• Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.
An alien is not eligible for TPS if s/he:
• Has been convicted of any felony or two or more misdemeanors committed in the United States;
• Is a persecutor, or otherwise subject to one of the bars to asylum; or
• Is subject to one of several criminal-related or terrorism-related grounds of inadmissibility for which a waiver is not available.
For more specific information relating to eligibility, see INA section 244(c)(2) and 8 CFR §§ 244.1 -
244.4.
Countries (or parts thereof) that are currently designated for TPS:
Burundi: Currently designated through November 2, 2007. Most recent TPS re-registration period was September 14, 2006 to November 13, 2006. Employment Authorization Documents (EADs) are auto extended through May 2, 2007.
El Salvador: Currently designated through March 9, 2009. TPS re-registration period for 2007 has not yet been announced. Most recent TPS re-registration period was July 3, 2006 to September 1, 2006. EADs are auto-extended through March 9, 2007.
Honduras: Currently designated through January 5, 2009. TPS re-registration period from May 29, 2007 to July 30, 2007. EADs are auto-extended through January 5, 2008.
Liberia: The designation of Liberia for TPS has been terminated effective 12:01 a.m. October 1, 2007. To maintain TPS benefits through September 30, 2007, Liberian TPS beneficiaries must comply with re-registration requirements. The 60-day re-registration period began September 20, 2006, and ended November 20, 2006. EADs were auto-extended through April 1, 2007.
Nicaragua: Currently designated through January 5, 2009. TPS re-registration period from May 29, 2007 to July 30, 2007. EADs are auto-extended through January 5, 2008.
Somalia: Currently designated through March 17, 2008. Most recent TPS re-registration period was July 27, 2006 to September 25, 2006. EADs were auto-extended through March 17, 2007.
Sudan: Currently designated through November 2, 2008. Most recent TPS re-registration period from March 8, 2007 to May 7, 2007. EADs are auto-extended through November 2, 2007. Designation extended through November 2, 2008.
Gustavo
Ramírez IACO
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