Temporary Protected Status

Requirements for TPS

Foreign nationals must be able to establish that they will be deported to a country that has been designated as a TPS zone. They must further be able to establish that they have continuously resided in the U.S. since the designation. Lastly, they cannot have a felony or two misdemeanors on their record. 

Immigrants do not automatically qualify for TPS simply because they come from a designated country. Instead, they must register during a registration period and pay fees related to the application process. 

As a positive, the individual’s immigration status or the presence of a removal order would not impact their eligibility for TPS.

Can I Apply for a Green Card With TPS?

No. The TPS will remain in effect, however, until the designation is lifted. Then, the immigrant would be required to go back to their home country and approach the U.S. consulate for the documentation. However, leaving the country would trigger a 10-year bar to reentering it. An immigration attorney can help those with TPS status navigate this tricky situation. Essentially, you need to apply for special permission to leave the country and return.

What Happens When a TPS Designation Ends?

Once the country has been removed from TPS protection, the immigrant’s immigration status would default to whatever it was before. In most cases, this means they go back to being undocumented. For that reason, maintaining contact with an attorney to avoid your status defaulting to undocumented is important.