Fayad & Associates - Temporary Protected Status (TPS)

Temporary Protected Status (TPS)

In 1990, the United States enacted a temporary protected status (TPS) provision, which permits the Attorney General (AG) to grant temporary safe haven in the United States to foreign nationals. The AG may designate TPS for nationals of any country that is experiencing (1) an ongoing armed conflict posing serious threat to personal safety; (2) an environmental disaster resulting in a substantial, but temporary, disruption of living conditions; or (3) extraordinary and temporary conditions that prevent nationals from returning in safety.

TPS is only granted to individuals already in the United States, usually to individuals present in the United States on the date the designation is made by the AG. It is generally not available to individuals who arrive after the date of initial designation. Exceptions to this general rule include the re-designations of Burundi, Liberia, Kosovo, Sierra Leone, and Sudan, which allowed individuals arriving after the initial designation date to apply for TPS.

An individual may be granted TPS if he or she:

Is a national of a country designated by the AG;
Has been continuously physically present in the United States since the effective date of the most recent designation;
Has been continuously residing in the United States since a date set by the AG;
is admissible as an immigrant, except as provided for under 8 CFR §244.3;
Has not been convicted of a felony or two or more misdemeanors in the United States and does not fall within one of the mandatory bars to withholding of removal; and
Timely registers for TPS or, if in valid status during the registration period, registers within 60 days from the expiration of such status.

To date, the AG’s TPS designations have included nationals of the following countries or provinces: Angola, Bosnia-Herzegovina, Burundi, El Salvador, Guinea-Bissau, Honduras, Kosovo, Kuwait, Lebanon, Liberia, Montserrat, Nicaragua, Rwanda, Sierra Leone, Somalia, and Sudan.

Recipients of TPS may affirmatively apply for asylum while maintaining their TPS status. TPS recipients may also apply for asylum after their TPS status terminates. If, however, a TPS recipient has been in the United States for more than one year, he or she should file for asylum within a “reasonable period” after his or her TPS status expires or he or she may be barred by the one-year filing deadline.