Temporary Protected Status (TPS) definition
Temporary Protected Status (TPS) grants short-term legal status to eligible people from countries facing unsafe conditions that prevent a safe return home.
Temporary Protected Status (TPS) is a temporary immigration status provided to qualifying applicants from certain countries that are experiencing conditions that make it unsafe for them to return home. These conditions may include ongoing armed conflict (such as civil war), environmental disasters (like earthquakes, hurricanes, or epidemics), or extraordinary and temporary conditions that prevent safe return.
TPS was created by the Immigration Act of 1990. It allows eligible individuals from designated countries to live and work in the United States temporarily.
The Secretary of Homeland Security makes TPS designations in consultation with other federal agencies, including the Department of State, National Security Council, and occasionally the Department of Justice. TPS designations are granted for six, 12, or 18 months at a time, and may be extended if conditions in the country remain unsafe.
Individuals must apply through US Citizenship and Immigration Services (USCIS) to receive TPS. Each applicant must meet eligibility requirements, including continuous physical presence in the US since the designation date and no serious criminal history.
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Is TPS considered a legal immigration status?
Yes, TPS is a legal immigration status. Individuals who are eligible for TPS receive temporary protection from deportation and are authorized to apply for permission to work in the United States.
Can someone go from TPS to green card?
TPS does not offer a direct path to a green card (signifying permanent residency) or US citizenship. However, some TPS holders may become eligible for a green card through other immigration avenues, such as:
- Marriage to a US citizen
- Family-based petitions
- Employment-based sponsorship
- Asylum or other humanitarian programs
Whether a TPS holder can apply for permanent residency may depend on how they entered the US and whether they qualify for an adjustment of status under existing immigration laws.
Can people with TPS be deported?
While a person’s TPS is active, they are protected from deportation and cannot be detained solely based on their immigration status.
However, when TPS expires or is terminated, a person reverts to their previous immigration status. If that prior status was unauthorized, they may become subject to removal proceedings unless they obtain another lawful immigration status.
Temporary protected status vs. refugee and asylee status
Temporary Protected Status, and refugee and asylum statuses are distinct forms of humanitarian protection under US immigration law. Although someone may be eligible for more than one of these protections, they serve different purposes and have different eligibility requirements.
TPS is granted to eligible nationals of countries experiencing armed conflict, natural disasters, or other extraordinary conditions that make it unsafe to return. Unlike refugee status and asylum, TPS is not based on an individual's fear of persecution and does not, by itself, provide a pathway to permanent legal status.
The key differences between these protections include:
- Temporary Protected Status: Available to eligible nationals of designated countries who are already in the United States. TPS provides work authorization and temporary deportation protection.
- Refugee status: Granted to people who apply from outside the United States and demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Refugees may apply for lawful permanent residence after one year in the US.
- Asylum: Available to people who apply from within the United States or at a port of entry. They must meet the same persecution standard as refugees. Asylees may also apply for lawful permanent residence after one year.
In some cases, an individual may hold TPS while also applying for or receiving asylum, but the legal authorities and eligibility criteria for these protections remain distinct.
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