Am I eligible for TPS?

Temporary Protected Status (TPS) is a temporary legal status offered to nationals of certain countries, who are already present in the United States, during times when returning to those countries could be deemed dangerous due to: (1) ongoing armed conflict; (2) an environmental disaster; or (3) other extraordinary and temporary conditions.

As of September 2021, twelve countries have been designated for TPS: (1) Burma (Myanmar); (2) El Salvador: (3) Haiti; (4) Honduras; (5) Nepal; (6); Nicaragua; (7) Somalia; (8) Sudan; (9) South Sudan; (10) Syria; (11) Venezuela; and (12) Yemen. Now, even though being a national of any of the countries mentioned above is a fundamental and critical requisite, there also exist other important requisites that need to be present to qualify for TPS.

To be awarded TPS, the applicant also needs to: (1) have filed during the open initial registration or re-registration period of the country’s TPS; (2) have been continuously physically present in the United States since the effective date of the most recent designation date of the national’s country’s TPS; (3) have been continuously residing in the United States since the date specified for the national’s country’s TPS; and (4) have not been convicted of any felony or two or more misdemeanors.

Now, there exist other important reasons that could deem an applicant ineligible from obtaining TPS, however, I will address those in the future. Finally, please be advised that even though individuals who obtained TPS are eligible to apply for work authorization, TPS does not create a direct pathway to obtaining residency.

If you would like to learn more about TPS, contact us to schedule a personal consultation. We will evaluate your case, go over your options and answer any questions you may have.