Understanding Temporary Protected Status

December 20, 2023

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Temporary Protected Status (TPS) is a type of immigration status granted to individuals from certain countries who are unable to safely return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary circumstances. The program was created by Congress in 1990 and has since been extended to individuals from 13 countries. As a legal resident of North Carolina, it is crucial to understand TPS and how it impacts your life. In this blog post, we will discuss everything you need to know about Temporary Protected Status.


Who is eligible for TPS?

To be eligible for TPS, an individual must be a national of a country designated for TPS by the U.S. government, or a person without nationality who last habitually resided in the designated country. Additionally, the individual must have been physically present in the U.S. since the effective date of the most recent TPS designation, and must meet other eligibility criteria, such as passing a background check.


How long does TPS last?

Temporary Protected Status is granted for a specific period of time, usually 6 to 18 months, but can be extended as necessary. Individuals who are granted TPS are protected from removal from the U.S. and may receive employment authorization. It is important to note that TPS is a temporary status and does not provide a path to permanent residence or U.S. citizenship.


Can TPS be renewed?

Yes, TPS can be renewed if the designation of the individual's country is extended by the U.S. government. Renewal requires the individual to meet the eligibility criteria and file an application with U.S. Citizenship and Immigration Services (USCIS) during the designated registration period.


What happens when TPS is terminated?

When TPS is terminated, the individual's authorization to work and protection from removal will also be terminated. However, individuals who have been in TPS status for more than 10 years may be eligible to apply for other forms of immigration relief. It is important to seek the guidance of an experienced immigration attorney if your TPS is terminated.


Temporary Protected Status is a complex immigration status that can provide important protections for individuals from designated countries. North Carolina residents who are eligible for TPS should seek the guidance of an experienced immigration attorney to ensure that they understand the program and their rights, and to navigate the complex application process. At the same time, it is important to monitor the status of TPS for your country and be prepared for the possibility of termination. By staying informed and seeking legal help when needed, you can protect your future and that of your family.

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