When wars break out with little to no warning, families may need to flee or find safe harbor in places away from home. If a tragic but temporary event occurs in your home country, you may be able to find refuge in the United States via Temporary Protected Status (TPS).

Temporary Protected Status is a designation granted by the Secretary of Homeland Security, as under the Homeland Security Act of 2002. The Secretary of Homeland Security “may designate a foreign country for TPS if conditions in the country prevent the country’s nationals from returning safely or where the country is unable to handle the return of its nationals adequately.” However, one important factor to keep in mind is that TPS is granted to nationals of those countries who are already within the United States, not to nationals who apply after their country has been granted TPS.

Also, TPS is temporary. It is designed to allow refuge for those whose countries are experiencing temporary upheaval, such as armed conflict or a natural disaster. TPS does not confer any long-term status. For example, it will not offer any advantage to a person deciding to apply for Lawful Permanent Resident (LPR) status.

TPS Eligibility

The current list of countries whose nationals have TPS is relatively short, and includes El Salvador, Haití, Honduras, Nicaragua, Somalia, Sudan, South Sudan and Syria. One-third of these countries were granted TPS due to natural disasters. Liberia has also been granted Deferred Enforced Departure status, which is similar to TPS, but is more easily revocable by the President alone.

Furthermore, one must apply for TPS. Merely being a national of a country on the list is not enough to obtain status. The criteria, in addition to being from a country on the list, includes:

• Filing for TPS during the appropriate filing period;
• Being continually physically present and residing in the United States since the country’s most recent designation date; and
• Not being subject to any criminal or security-related bars on presence or ability to gain status.

Conversely, if an individual has certain problems with his or her immigration status as a whole, her or she will most likely be prevented from applying for TPS. If an individual has been convicted of a felony or two or more misdemeanors, has a mandatory bar to asylum, or is found to be inadmissible for any ground listed in Sec. 212(a) of the Immigration & Nationality Act, he or she will almost certainly be turned down for TPS.

An Immigration Attorney Can Help

If you are in a position where you may be eligible for TPS, an experienced immigration attorney can help. Our Illinois immigration attorneys serve several Chicagoland locations, as well as one in Mexico City, and have years of experience. To schedule a consultation, contact the Katz Law Office, Ltd. today.