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(Trends Wide Spanish) — Temporary Protected Status (TPS) is a temporary immigration benefit established by the United States government for people of certain nationalities who cannot safely return to their countries of origin, either due to conflict armed in progress, a natural disaster and other extraordinary conditions of a temporary nature.
TPS beneficiaries, as well as people who are eligible during the initial review of their cases, are not removed from the US and will not be detained by the Department of Homeland Security (DHS). Beneficiaries can also seek work in the US using the Employment Authorization Document (EAD) and obtain travel authorization.
TPS status is granted for periods of 6, 12 or 18 months at a time, periods that can be extended if the country of origin continues to meet the necessary conditions for its designation. However, as its name implies, TPS status is temporary, so it is not a precedent for seeking lawful permanent residence or US citizenship.
As of March 2022, approximately 354,625 foreign nationals from 12 countries were protected by TPS. A majority of beneficiaries come from El Salvador, followed by Honduras, Haiti and Venezuela, according to data from the Congressional Research Service (CRS).
More about immigration:
Who is eligible for TPS?
To be a beneficiary of TPS, it is necessary to be a citizen of a country designated under that category or a person without nationality whose last residence was a country designated for TPS. In addition, you must have been physically present in the US since the most recent effective date of the program, as well as have continuously resided in the US since the date specified by DHS. These are the differences between continuous residence and physical presence, cited by the United States Citizenship and Immigration Service (USCIS).
In the case of citizens of Venezuela, they are required to have continuously resided in the US since March 8, 2021, while for citizens of El Salvador it is February 13, 2001.
They will not be eligible to apply for or maintain TPS status:
- People convicted of one felony or two or more misdemeanors committed in the US.
- If you are found inadmissible under section 212(a) of the Immigration and Nationality Act (INA).
- If you are subject to any of the bars to obtaining asylum.
- If you do not re-register for TPS, as required.
How do I apply for TPS?
If eligible, form I-821 must be submitted and Employment Authorization can also be requested using form I-765. At the time of making your initial application, you must present the following documents:
- Evidence of identity and nationality
- Evidence of date of entry into the US
- Evidence of continuous residence
How much does it cost to apply for TPS?
According to a government official who spoke with journalists to provide background information, the TPS application costs $50. In addition, there will be an $85 biometric screening fee, and if authorization is required of work, which costs an additional US$410. In total, applying for TPS has a cost of US$545. The cost for minors is US$50.
What countries have TPS in the United States?
A dozen countries have Temporary Protected Status in the US due to conditions in those nations that make it unsafe for nationals to return to those countries. The reasons may be armed conflict, natural disasters, or extraordinary temporary conditions.
According to USCIS, citizens of these countries can access TPS:
- Afghanistan (designated until November 20, 2023)
- Burma (designated until November 25, 2022)
- Cameroon (designated until December 7, 2023)
- El Salvador (June 30, 2024, according to the current update of November 2022)
- Haiti (June 30, 2024, based on the current update of November 2022, for beneficiaries who obtained TPS under the August 3, 2021 designation. Beneficiaries of the 2011 designation will continue under TPS as long as the preliminary injunctions in the Ramos case and in the Saget case remain in effect)
- Honduras (June 30, 2024, according to the current update of November 2022)
- Nepal (June 30, 2024, based on the current update of November 2022)
- Nicaragua (June 30, 2024, according to the current update of November 2022)
- Somalia (extended until the March 17, 2023)
- Sudan (June 30, 2024, based on the current update of November 2022)
- South Sudan (andxextended until November 3, 2023)
- Syria (andxextended until September 30, 2022)
- Ukraine (continues until October 19, 2023)
- Venezuela (extension valid until March 10, 2024)
- Yemen (exextended until March 3, 2023)
Previously, citizens of Guinea, Liberia and Sierra Leone had Temporary Protected Status.
Can I get a green card under TPS?
Although TPS is a temporary benefit, registering for TPS does not preclude filing an Adjustment of Status Application. However, eligibility for such an adjustment depends on the “admission” of the beneficiary. The US government defines “admission” as “the lawful entry of an alien into the United States after inspection and clearance by an immigration officer.”
For this reason, non-citizens who are TPS beneficiaries and who entered the country illegally could not apply for a green card. However, thanks to a new travel authorization document for TPS beneficiaries, some people may be eligible for an adjustment of status, in order to later apply for residency.
Timeline of Important TPS Facts
November 2022: The US announces that it is extending TPS for citizens of Haiti, El Salvador, Nicaragua, Sudan, Honduras and Nepal until mid-2024.
Julio 2022: DHS extended TPS for citizens of Venezuela. The 18-month extension for Venezuela takes effect on September 10 and runs until March 10, 2024.
Julio 2022: Beginning July 1, 2022, USCIS will issue a new travel authorization document (Form I-512T) to TPS beneficiaries.
March 2022: The Secretary of National Security, Alejandro Mayorkas, designated Ukraine, Afghanistan, Sudan and South Sudan to receive TPS for 18 months in response to the current conflicts.
September 2021: DHS announced that beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan will retain their TPS as long as the court orders issued by the federal district courts in the Ramos, Bhattarai, and Saget court cases remain in effect, and as long as no withdraw their TPS due to individual ineligibility. DHS automatically extended the validity of their EADs and other TPS-related documents through December 31, 2022.
Julio 2021: The Secretary of National Security, Alejandro Mayorkas, designated Haiti to receive TPS for 18 months as a response to the current conflicts. According to USCIS, Haitians who have been continuously residing in the US since July 29, 2021, will be able to submit their TPS registration application from August 3, 2021 to February 3, 2023. .
Julio 2021: USCIS announced that TPS applicants who are eligible nationals of Burma, Syria, Somalia, Venezuela, or Yemen—or nonnationals whose last habitual residence was in those countries—can apply online, if this is their first time. make. “USCIS is currently working on making online filing available to re-registrants and initial applicants for all future TPS designations,” the government agency said.
June 2021: The United States Supreme Court has ruled against immigrants with TPS status seeking permanent residence by preventing them from applying for a green card if they entered the country illegally.
March 2021: The government of President Joe Biden granted TPS to hundreds of thousands of Venezuelans, with which it is expected that some 300,000 people will apply and be able to remain legally in the US for at least 18 months.
December 2020: The DHS extended the documentation related to TPS until October 4, 2021 for people from El Salvador, Nicaragua, Honduras and other countries.
October 2019: The US government announced the decision to extend the permit to live and work for another year without risk of being deported, extending the validity of work permits until January 4, 2021.
January 8, 2018: DHS announced its decision to terminate TPS for El Salvador after an 18-month transition period. TPS for El Salvador was scheduled to end on September 9, 2019, but the termination has not gone into effect due to a legal challenge.
November 2017: DHS announced that TPS for Nicaragua would end on January 5, 2019 because “recovery efforts related to Hurricane Mitch have been largely completed.”
End of 2017: The Donald Trump administration decided to revoke TPS status for Nicaragua and El Salvador, and put a final decision on hold for Honduras.
2001: The George W. Bush administration granted TPS status to Salvadoran citizens after two earthquakes that shook the country. Both the Bush and Barack Obama administrations extended TPS to Central Americans from El Salvador, Honduras and Nicaragua, considering that these countries were unsafe for their citizens due to the alteration of living conditions caused by natural disasters.
2001: Before leaving office in January 2001, President Bill Clinton said his administration would temporarily suspend deportations to El Salvador due to a major earthquake.
January 5, 1999: The Ministry of Justice granted TPS status to Honduras and Nicaragua due to the “serious flooding and associated damage” and “substantial alterations in living conditions” caused by Hurricane Mitch.
November 1998: In the aftermath of Hurricane Mitch, then Justice Secretary Janet Reno announced that she would temporarily suspend the deportation of citizens from El Salvador, Guatemala, Honduras and Nicaragua.
1990: TPS status was established by Congress as part of the Immigration Act of 1990. El Salvador was the first country to be a beneficiary of TPS.
