Welcome to SG Immigration Solutions, your go-to source for immigration information and updates. Today, we’re diving into an important aspect of U.S. immigration law: Temporary Protected Status, commonly known as TPS. This immigration status plays a vital role in protecting individuals from specific countries facing dire circumstances while residing in the United States. Let’s explore the intricacies of TPS and what it means for those granted this temporary immigration status.
What is Temporary Protected Status (TPS)?
Temporary Protected Status, or TPS, is a humanitarian immigration status established by Congress in the Immigration Act of 1990. It’s designed to provide temporary relief to nationals of designated countries grappling with ongoing armed conflicts, environmental disasters, or other extraordinary and temporary conditions. TPS offers recipients a work permit and shields them from deportation as long as they remain in the United States during the TPS designation.
As of February 16, 2022, approximately 354,625 people held TPS in the United States. Furthermore, around 269,820 individuals may be eligible for TPS under five new designations announced by the Biden administration since that date.
Why Do Countries Receive TPS Designations?
A country can be designated for TPS for various reasons, including:
- Ongoing Armed Conflict: When a nation experiences a civil war or another armed conflict that poses a significant threat to the safety of its returning nationals.
- Environmental Disaster: In cases of natural disasters such as earthquakes, hurricanes, epidemics, which result in substantial but temporary living condition disruptions, rendering the country temporarily unable to handle the return of its nationals.
- Extraordinary and Temporary Conditions: When exceptional and short-term circumstances in the foreign state make it unsafe for its nationals to return. However, the U.S. government can decide that permitting these nationals to stay temporarily in the United States is against U.S. national interest.
Who Decides TPS Designations?
The authority to designate a country for TPS rests with the Secretary of Homeland Security. The Secretary must consult with various government agencies, including the Department of State, the National Security Council, and sometimes the Department of Justice, before making the designation. Importantly, these decisions are not subject to judicial review, as stipulated by immigration law.
How Long Do TPS Designations Last?
TPS designations can be made for periods of 6, 12, or 18 months at a time. At least 60 days before the designation’s expiration, the Secretary must decide whether to extend or terminate it based on the conditions in the foreign country. If an extension or termination decision isn’t published at least 60 days before expiration, the designation automatically extends for six months. Notably, the law doesn’t specify a limit on how many times a country can receive a TPS designation.
Who is Eligible for TPS?
To qualify for TPS, an individual must:
- Be a national of the designated foreign country (or, if stateless, have last habitually resided in a designated country).
- Have been continuously present in the United States since the effective date of the TPS designation.
- Have continuously resided in the United States since a date specified by the Secretary of Homeland Security.
- Not be inadmissible to the United States or barred from asylum for specific criminal or national security-related reasons.
It’s important to note that nationals of a designated country must register during a specific period and pay required fees to obtain TPS; it’s not automatically granted based on immigration status.
What Does TPS Authorization Include?
Once eligible, TPS recipients receive temporary protection from deportation and authorization to work in the United States. They may also be eligible for a TPS-specific travel document to travel abroad and return to the United States. However, as of July 2022, the use of advance parole for TPS recipients was discontinued. Beneficiaries are not eligible for public assistance based solely on their TPS status.
Does TPS Lead to Permanent Residence or Citizenship?
TPS does not provide a direct path to permanent residence (a green card) or citizenship. However, eligible TPS recipients may apply for permanent residence if they meet the criteria. It’s important to note that a TPS recipient who initially entered the U.S. without inspection may need to depart the country to have a visa processed at a consular post to gain permanent resident status, which can trigger re-entry bars.
Temporary Protected Status is a critical immigration status that provides temporary relief to individuals from designated countries facing severe crises. While TPS doesn’t automatically lead to permanent residence or citizenship, it offers essential protections and opportunities for those eligible.
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