Temporary Protected Status (TPS)
TPS is a limited stay benefit afforded foreign nationals in the U.S. from specific parts of countries or countries designated by the Secretary of the Department of Homeland Security. Designation is usually based upon conditions in that country such as;
- on-going armed conflict,
- environmental disaster,
- civil war,
- certain class of peoples political, religious or ethnic persecution
The designated countries receiving or have received this benefit recently include;
- Sudan and South Sudan,
- Syrian Arab Republic,
- El Salvador,
Application is processed with USCIS form I-821, all accompanying documentation and paying all required filing fees. A work permit can also be simultaneously applied for at that time and a travel document may also be then granted. Once approved, the applicant can no longer be detained by ICE for any inadmissible status nor further subject to Removal Proceedings. If, at the time of application a ground for inadmissibility exists (outside the U.S. applications or stateside illegal entry applications) then a USCIS form I-601, accompanying documentation and all required filing fees must also be presented. Denials can be appealed to the USCIS Administrative Appeals Office (AAO) within 30 days of the denial.
While TPS does not lead to permanent residency it is not a bar to application for such relief based upon any other available grounds.