Temporary Protective Status

Temporary Protective Status

What happens when people in the U.S. on a Visa discover that their home country has become unstable? Are they forced to go home even if it puts their lives in danger? Not necessarily, thanks to a program that grants Temporary Protected Status to these individuals.

It is the responsibility of the U.S. Department of Homeland Security to designate certain nations as Temporary Protected Status, or TPS, countries. There is no permanent list of TPS countries. Instead, nations are added or removed according to the political and economic situation in the nation. Countries that have been on the TPS list for a relatively long time include:

  • El Salvador
  • Haiti
  • Honduras
  • Nicaragua
  • Sudan
  • Somalia

People who are from these countries and have entered the U.S. on a Visa may not have to return home upon the expiration of that Visa. In fact, TPS also may apply to people who are in the U.S. illegally.

What sorts of conditions have to exist in order for a country to be placed on the TPS list? Frequently, countries are added to the list when they are in the midst of political upheavals or unrest. Widespread violent protests similarly may lead to inclusion on the list. Further, instances of genocide, coups and disasters caused by acts of man may make a nation eligible for TPS. Even natural disasters and wars that threaten the country’s infrastructure can make it unsafe for people to head home.

Not everyone qualifies for Temporary Protected Status. Several requirements must be met to claim eligibility. These requirements include:

  • Living in the U.S. prior to their home country being named as a TPS nation
  • Not participating in the events behind their nation’s TPS designation
  • Having no record of felony crimes
  • Not posing a security threat to the U.S.

Once Temporary Protected Status is obtained, individuals enjoy certain rights and protections. For instance, someone with TPS cannot be compelled to return to their country of origin. They may seek employment and work without restrictions. Plus, they can move from state to state as they please.

It is important to be mindful of the fact that TPS does not grant legal permanent residency. That remains a separate process.

Speak with the immigration and Temporary Protected Status legal professionals at Almeyda Law P.A. As experienced Miami immigration attorneys, they can provide you with the advice you need to find out whether or not you qualify for Temporary Protected Status. Just as importantly, they also can help you through the difficult process of applying for TPS.

Contact an immigration attorney in Miami at (305) 914-3714 to ask about Temporary Protected Status.