Temporary Protected Status
Persons who are from certain designated countries which are experiencing war, extreme civil strife, or natural disasters may be eligible for Temporary Protected Status (“TPS”). In short, TPS grants a safe haven to such persons who are in the U.S. until the conditions have improved in their home country and it is safe for them to return. Once it is determined that a country is experiencing such extraordinary conditions and that nationals from such country should be entitled to temporary protection, the U.S. Attorney General designates that country as one whose citizens and nationals are entitled to TPS. Under current regulations, a country is designated for 6 to 18 months, and designation may be further extended for such periods.
TPS, as the name implies, is temporary; it does not lead to a green card or any type of permanent immigration status in the U.S. TPS is not automatic and must be applied for with the INS. A person granted TPS cannot be deported or removed from the U.S. during the TPS period, and, may live and work in the U.S. legally for as long as TPS remains in effect. In fact, a person who has been granted TPS may even travel abroad, provided that they first obtain permission from the INS. If an individual who is eligible for TPS is in removal proceedings, the law requires that the INS notify that person of the existence and availability of TPS.
Unlike those who are granted political asylum, TPS does not give derivative protected status to immediate relatives of the TPS applicant. As such, each relative must be eligible and qualify for TPS on their own.
If you have any questions, contact South Florida Immigration Lawyer Sean D. Hummel at (954) 385-3111.
