Temporary Protected Status – TPS

Temporary Protected Status (TPS) is a form of humanitarian relief which applies to certain nationals of particular countries who were present in the US during a designated period of time.

For example, if there is war or an environmental disaster occurring in your country, the Department of Homeland Security (DHS) may decide to grant certain nationals of your country TPS in the US. On this page, we also explain how to get a work card and a travel permit under TPS.

On September 8, 2023, DHS announced an extension of the Temporary Protected Status (TPS) re-registration periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan to 18 months.

On June 13, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced his decision to rescind the 2017 and 2018 terminations of the Temporary Protected Status (TPS) designations of El Salvador, Honduras, Nepal and Nicaragua effective June 9, 2023, and extend the TPS designations of:

• El Salvador for 18 months, from Sept. 10, 2023, through March 9, 2025 (60-day re-registration period from July 12, 2023, through Sept. 10, 2023);
• Honduras for 18 months, from Jan. 6, 2024, through July 5, 2025 (60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024);
• Nepal for 18 months, from Dec. 25, 2023, through June 24, 2025 (60-day re-registration period from Oct. 24, 2023, through Dec. 23, 2023); and
• Nicaragua for 18 months, from Jan. 6, 2024, through July 5, 2025 (60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024).

On February 10, 2023, the 9th Circuit Court of Appeals voided an earlier decision by a 3-judge panel which allowed the Trump administration to terminate the Temporary Protected Status for over 300,000 immigrants from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan. The case will be reheard by an en banc panel of judges.

In 2021, the U.S. Supreme Court ruled that persons who entered the U.S. without inspection and were later granted temporary protected status cannot adjust their status in the United States.

Client Reviews

Persons granted TPS cannot be deported from the US, are eligible to apply for an EAD work permit and may be granted an Advance Parole travel permit.

Use form I-821 to apply for TPS, form I-765 to apply for a work permit and form I-131 to apply for a travel permit.

Although TPS is a temporary benefit which does not automatically lead to a green card, if you are eligible, you are not prohibited from applying for permanent residence, temporary visa status or any other immigration status.

In July 2022, USCIS rescinded its designation of the AAO decision in Matter of Z-R-Z-C- as an adopted decision and updates it interpretation of the effects of authorized travel by TPS beneficiaries. This memo supersedes the prior USCIS Policy Manual regarding the treatment of a TPS beneficiary’s return after authorized travel abroad.

USCIS updated it guidance as follows:

• USCIS will no longer use the advance parole mechanism to authorize travel for TPS beneficiaries, but will instead provide a new TPS travel authorization document. This document will serve as evidence of the prior consent for travel contemplated in INA 244(f)(3) and serve as evidence that the bearer may be inspected and admitted into TPS pursuant to MTINA if all other requirements are met.
• TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.

Here is what the USCIS website says about TPS:

The Secretary of Homeland Security may designate a foreign country for 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 TPS to eligible 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 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), or an epidemic
• Other extraordinary and temporary conditions

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facieeligible):

• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted travel authorization

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:

• Applying for nonimmigrant status
• Filing for adjustment of status based on an immigrant petition
• Applying for any other immigration benefit or protection for which you may be eligible

PLEASE NOTE: To be granted any other immigration benefit you must still meet all the eligibility requirements for that particular benefit.  An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS.

Government TPS Resources by Country

• Afghanistan
• Burma
• Cameroon
• El Salvador
• Ethiopia
• Guinea
• Haiti
• Honduras
• Liberia
• Nepal
• Nicaragua
• Sierra Leone
• Somalia
• Sudan
• South Sudan
• Syria
• Ukraine
• Venezuela

Temporary Protected Status: Additional Resources

• Temporary Protected Status (TPS) (USCIS)
• Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) – (CLINIC)

Practice Advisories Regarding Temporary Protected Status

• The Impact of Crimes on TPS Eligibility (4-7-23)
• New Policy on TPS and Travel (3-14-23)
• ADJUSTMENT OF STATUS FOR TPS HOLDERS
  AFTER SANCHEZ V. MAYORKAS (6-21-21)

Temporary Protected Status: AAO Decisions

• USCIS Policy Memo: Matter of H-G-G- (Adopted AAO Precedent Decision re: TPS, July 31, 2019)
• AAO Non-Precedent Decisions on Temporary Protected Status

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