Temporary immigration status is for foreign nationals currently residing in the U.S. whose homeland conditions are recognized by the US government as being temporarily unsafe or overly dangerous to return to (e.g., war, earthquake, flood, drought, or other extraordinary and temporary conditions). TPS does not lead to permanent resident status. As the name indicates, it is temporary, granted anywhere from 6-18 months, with extensions.

The Secretary may designate a country for TPS when he/she determines, after consulting with appropriate government agencies, that:

  • There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety;
  • The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation; or
  • There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Secretary finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the United States.

Section 244 of the Immigration and Nationality Act establishes the general framework and substantive standards of the TPS program. The specific eligibility requirements and procedures for applying for temporary protected status are included in the Code of Federal Regulations

[CFR] at 8 CFR § 244.

You may be eligible to apply for temporary protected status if:

  • You are a national of a country designated for TPS. (You may also be eligible if you are a person who has no nationality but last habitually resided in a designated country.)
  • You apply for TPS during the specified registration period.
  • You have been continuously physically present in the United States since the TPS designation began, or since the effective date of the most recent re-designation.
  • You have continuously resided in the United States since the date specified in the Federal Register notice of designation. This date may be different than the effective date of the TPS designation.
  • You are admissible as an immigrant and are not otherwise ineligible for TPS.

Countries that are Currently Designated for TPS

  • For more detailed information about TPS for nationals of the below countries, please see the country specific links to the left.
Designated Country Most Recent Designation Date Current Expiration Date Current Re-Registration Period EAD Automatically Extended Through
El Salvador March 9, 2001 March 9, 2012 July 9, 2010 to September 7, 2010 March 9, 2011
Haiti January 21, 2010 July 22, 2011 — —
Honduras January 5, 1999 January 5, 2012 May 5, 2010 to July 6, 2010 January 5, 2011
Nicaragua January 5, 1999 January 5, 2012 May 5, 2010 to July 6, 2010 January 5, 2011
Somalia September 4, 2001 September 17, 2012 November 2, 2010 to January 3, 2011 NO Automatic Extension
Sudan October 7, 2004 November 2, 2011 December 31, 2009 to March 1, 2010 NO Automatic Extension

 

Designated Country Must Have CR in the U.S. Since Must Have CPP in the U.S. Since
El Salvador February 13, 2001 March 9, 2001
Haiti January 12, 2010 January 21, 2010
Honduras December 30, 1998 January 5, 1999
Nicaragua December 30, 1998 January 5, 1999
Somalia September 4, 2001 September 4, 2001
Sudan October 7, 2004 October 7, 2004

If you have questions about Temporary Protected Status, please call the immigration lawyers at Gopal & Pedigo, PC at (615) 497-7563. We are conveniently located near Nashville International Airport.