Law Offices of Victoria Bezman
17337 Ventura Blvd. Suite 107
Encino, CA 91316
Phone: (818) 907-7677
Fax: (818) 907-7678

Temporary Protected Status

Temporary Protected StatusThe governing TPS statute is section 244 of the Immigration and Nationality Act (INA), and the primary TPS regulations are at 8 C.F.R.

§ 244.

Forms are:
I-821, Application for Temporary Protected Status
I-765, Application for Employment Authorization

 

Countries that are currently designated for TPS:

Burundi: The designation of Burundi for TPS has been terminated effective 12:01 a.m. May 2, 2009. To maintain TPS benefits through May 1, 2009, Burundian TPS beneficiaries must comply with re-registration requirements. Most recent TPS re-registration period from October 29, 2007, to December 28, 2007. Employment Authorization Documents (EADs) are automatically extended through May 2, 2008.
El Salvador: Currently designated through March 9, 2009. Most recent TPS re-registration period from August 21, 2007, to October 22, 2007. EADs are automatically extended through March 9, 2008.
Honduras: Currently designated through January 5, 2009. Most recent TPS re-registration period from May 29, 2007, to July 30, 2007. EADs are automatically extended through January 5, 2008.
Nicaragua: Currently designated through January 5, 2009. Most recent TPS re-registration period from May 29, 2007, to July 30, 2007. EADs are automatically extended through January 5, 2008.
Somalia: Currently designated through September 17, 2009. Most recent TPS re-registration period from March 12, 2008, to May 12, 2008. EADs are automatically extended through September 17, 2008.
Sudan: Currently designated through May 2, 2010. The 60-day re-registration began August 14, 2008, and ends October 14, 2008. EADs are automatically extended through May 2, 2009.
Deferred Enforced Departure (DED)
Liberia: President George W. Bush signed a Memorandum for the Secretary of Homeland Security on September 12, 2007, authorizing DED for 18 months (from October 1, 2007, through March 31, 2009) for Liberians (and aliens without nationality who last habitually resided in Liberia) who had TPS as of September 30, 2007. TPS-related EADs are automatically extended through March 31, 2009. Individuals who had Liberian TPS on September 30, 2007, but who did not obtain a TPS-related EAD, may apply for an EAD on Form I-765 while they are covered by DED.

 

What is Temporary Protected Status (TPS)?

TPS is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L. 101-649, Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions.

On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, and authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service (Service) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).
During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS designation, the alien reverts to unlawful status upon the termination of that TPS designation.

 

Temporary Protected StatusWho is Eligible for TPS?

An alien who is a national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she:

  • Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;
  • Is not subject to one of the criminal, security-related, or other bars to TPS; and
  • Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.

An alien is not eligible for TPS if he or she:

  • Has been convicted of any felony or two or more misdemeanors committed in the United States;
  • Is a persecutor, or otherwise subject to one of the bars to asylum; or
  • Is subject to one of several criminal-related or terrorism-related grounds of inadmissibility for which a waiver is not available.

For more specific information relating to eligibility, see INA section 244(c)(2) and 8 CFR §§ 244.1 - 244.4.

 

What is Deferred Enforced Departure (DED)?

DED has been granted to nationals of certain countries by the President as an exercise of his constitutional power to conduct foreign relations. DED was first used in 1990 and has been used a total of five times. In the past DED has provided for a temporary stay of removal and employment authorization.
As authorized by President Bush on September 12, 2007, qualified Liberians (and aliens without nationality who last habitually resided in Liberia) who have been granted TPS as of September 30, 2007, will be provided DED for 18 months (through March 31, 2009) following the expiration of their TPS status on October 1, 2007.