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