“ Temporary Protected Status (TPS) is a designation granted by DHS permitting individuals from a country, or portion of a country, the ability to remain in the US temporarily while significant adverse conditions in their home country, such as natural calamity or armed conflict, would not permit safe return.”
ON December 16, the government of the Philippines formally requested that the United States grant Temporary Protected Status (TPS) to Filipinos in the US due to the adverse conditions created by Typhoon Haiyan. Based on this request, the Department of Homeland Security (DHS) has the power to grant Filipinos the ability to live and work in the US DHS is currently considering the request.
What is Temporary Protected Status (TPS)?
Granted under section 244 of the Immigration and Nationality Act (INA), Temporary Protected Status (TPS) is a designation granted by DHS permitting individuals from a country, or portion of a country, the ability to remain in the US temporarily while significant adverse conditions in their home country, such as natural calamity or armed conflict, would not permit safe return. TPS registrants are granted work authorization, and under certain circumstances, can travel.
What is the process for the US gov’t to approve Temporary Protected Status (TPS)?
Granting TPS designation is a decision that rests with the executive branch of the US government. While members of Congress may lobby the President or DHS to designate the Philippines–which they have–TPS is not voted on or approved in Congress. The final decision rests with the executive, including DHS. The process is typically started by the Philippines government making the request through diplomatic channels, as it did on December 16th. Now that the request has been conveyed, the Secretary of Homeland Security will consult with appropriate agencies such as the Department of State, in deciding whether to grant the request. Only after the designation is published in the Federal Register does it become effective.
What are the benefits of TPS?
Once a country receives a TPS designation, nationals of that country residing in the US receive a temporary, humanitarian form of relief from deportation that does not include the granting of permanent residence. An individual who qualifies for TPS can be granted work authorization, and a social security card. Once approved for TPS, an individual cannot be detained or deported from the US due to lacking a valid immigration status, unless the individual becomes ineligible or the country loses its TPS designation. The initial TPS designation lasts for a period of 6 to 18 months and can be extended if conditions continue to support the designation.
While travel on TPS is sometimes permitted, departing to the US after filing for TPS should be thought through very carefully. If an advance parole document is not obtained first, or if unlawful presence would prevent re-entry, travel is not advisable.
How would I qualify for TPS?
To be initially eligible for TPS, an individual must:
-Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
-Qualify under any potential country-specific TPS parameters;
-Register for TPS status during the initial registration period;
-Demonstrate continuous physical presence in the US since the effective date of the designation; and
-Demonstrate continuous residence in the US since the date specified in the designation.
An individual may be ineligible for TPS if any of the following apply:
-Convicted of any felony or two or more misdemeanors committed in the US;
-Subject to certain deportability grounds;
-Found to be inadmissible to the US based on grounds listed in INA section 212(a), including non-waivable criminal and security-related grounds;
-Failure to re-register for TPS or maintain continuous or physical presence in the US; or
-Subject to any of the mandatory bars to asylum.
How would TPS affect my other immigration case?
Registration for TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other nonimmigrant status. A grant of TPS does not, however, prevent a qualifying applicant from applying for any benefit for which he or she might be eligible. Namely, TPS does not prevent an applicant from filing for asylum, adjustment of status based on a family or employment petition, or extension or change of nonimmigrant status. It follows that if a TPS registrant already holds a valid nonimmigrant status (such as an F-1 student or H-1B worker), their status is not adversely affected by submission of a legitimate TPS registration request.
Seeking further information or assistance
If the TPS designation is to be granted, individuals considering applying should exercise caution. As in past TPS designation periods, unauthorized immigration consultants and notaries will try to take advantage of the situation by claiming their expertise in evaluating TPS cases and preparing related forms. Any individual that requires assistance in evaluating their evidence of eligibility or preparing their case should seek legitimate, accurate legal advice and assistance from a licensed immigration attorney in the US.
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Atty. Khurgel is a former USCIS and Department of State Embassy Officer with over ten years of government service and private immigration practice experience. His offices are located in Irvine, California.
