To receive Temporary Protected Status (TPS) in the United States, foreign nationals must:
- Be a national of a country currently designated by the Department of Homeland Security (DHS) as a TPS country or, if the foreign national claims no citizenship, have last resided in a designated TPS country prior to arrival in the U.S.,
- File a TPS petition during the initial registration or re-registration period for the applicable country, and
- Have been continuously present and residing in the U.S. (other than brief temporary departures) since the most recent “designation date” for the alien’s country.
TPS designation occurs for a respective country when conditions in the country fall into one or more three statutory bases for designation:
- Ongoing armed conflict,
- Environmental disasters, or
- Extraordinary and temporary conditions.
Our attorneys counsel foreign nationals interested in obtaining TPS by guiding them through the
TPS carries significant benefits. During the validity period of TPS, foreign nationals:
- Have a basis of lawful presence in the U.S., signifying that they are not removable or deportable,
- Can obtain valid employment authorization, and
- Can obtain valid international travel authorization.
Please note that those foreign nationals who hold TPS status do not automatically obtain other immigration benefits nor become lawful permanent residents (green card holders) . However, if they are they are otherwise eligible, TPS holders may:
- Apply for nonimmigrant status,
- File to adjust status to lawful permanent resident ( green card holder) based on an approved, or sometimes pending immigrant petition; or
- Apply for a change of status to other nonimmigrant visa classifications
Our attorneys advise TPS holders about applying for lawful permanent residence and advise whether TPS holders are eligible for a family- or employment-based immigrant visa classification and adjustment of status.
If you have any questions or concerns about how our attorneys can guide you in obtaining TPS or if you are already a TPS holder and would like to obtain other potential immigration benefits, or explore lawful permanent residency pathways, please contact us at: firstname.lastname@example.org or call our number – (305) 391-2105.