What is Temporary Protected Status?

Have you ever wondered what it means to get a temporary protected status and maybe you are from a country that has been designated by the United States and would love to come to the United States to stay temporarily and work.

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But you don’t know how to go about it, this article we bring to your understanding what’s the temporary protected status means and if your country is among the designated country.

What is Temporary Protected Status?

Temporary protected status was created by congress in the immigration act of 1990. it is a temporary immigration status that gives National of specific designated countries who are confronting an ongoing armed conflict economic disaster or extra ordinary and temperate condition.

It gives a work permit and stay of deportation to foreign citizens  from countries who are in the United States when the when the US government makes the designation.

For what reasons can a country be designated for TPS?

A country can be designated for temporary protected status for one or more of the following reasons:

  • An ongoing armed conflict, like a civil war, that act as a serious threat to the personal safety of returning nationals;
  • An environmental disaster, like an earthquake, hurricane, or epidemic, that results in a substantial but temporary disturbs the good  living conditions
  • Extraordinary and temporary conditions in the foreign state that prevent its citizen from going to the state in safety (except the U.S. government finds that allowing these nationals to remain temporarily in the United States is contrary to the U.S. national interest).

Who has the power to designate a country for TPS?

The secretary of homeland security has the power to decide when a country gets a temporary protected status designation, the secretary consult with other government agency when deciding for a designated country or part of the country for you.

Although there are other agencies that are not specified in the statute, Z’s consultation normally involved the department of state the national Security council and sometimes the department of Justice. the secretary’s decision as to whether or not to designate a country fot TPS isn’t based on judicial review but based on immigration law.

How long are TPS designations?

A temporary protected status designation can be done for 12 or 18 months at a time, but at least 60 days prior to its expiration the Secretary can decide if it should be extended or terminated based on the country’s condition. The decision to start extend or terminate the designation should be published in the federal registration.

If there is an extension or termination that is not published at least 60 days in advance of expiration the designation is automatically extended for another 6 months. The law does not define the word temporary or limit the amount of time a country can have TPS designation.

Who is eligible for TPS?

There are ways to be eligible for the temporary protected status , therefore if you want to qualify as an individual you must:

  • Be a citizen of the foreign country with a TPS designation
  • Be frequently  present physically in the United States from the effective date of designation;
  • Have frequently resided in the United States from a date specified by the Secretary of Homeland Security; and
  • Not be inadmissible to the United States or be barred from asylum for certain criminal or national security-related reasons,

Citizen of a designated country do not automatically get TPS, but rather must register during a specific registration period and pay significant fees. furthermore, an individual’s immigration status at the time of application for TPS doesn’t have an effect on eligibility, neither does the previous issuance of an order of removal.

What does TPS authorize a noncitizen to do?

An individual who is found eligible must then register by submitting an application to to the US citizenship and immigration service. and an agency of the department of homeland security.

If the person shows eligibility and the USCI gives temporary protected status therefore that person get a temporary stay of deportation and is temporarily authorised to work in the United States.

TPS beneficiaries are also eligible for an advance parole which gives permission to go abroad and come back to the United States, but they must apply separately for it. beneficiary and not eligible for any public assistance whatsoever by virtue of their TPS status.

Which countries have TPS?

As of September 2021, the following 12 countries were designated for TPS and the designation had not expired:

  • Burma (Valid through November 25, 2022)
  • El Salvador (Extended until December 31, 2022)
  • Haiti (Extended until December 31, 2022)
  • Honduras (Extended until December 31, 2022)
  • Nepal (Extended until December 31, 2022)
  • Nicaragua (Extended until December 31, 2022)
  • Somalia (Extended until March 17, 2023)
  • South Sudan (Extended until May 2, 2022)
  • Sudan (Extended until December 31, 2022)
  • Syria (Extended until September 30, 2022)
  • Venezuela (Valid through September 9, 2022)
  • Yemen (Valid through March 3, 2023)

Which countries have had TPS in the past?

from when TPS was created, the following countries or parts of countries have had TPS designations that are now ended:

  • Angola (Expired March 29, 2003)
  • Bosnia-Herzegovina (Expired February 10, 2001)
  • Burundi (Expired May 2, 2009)
  • Guinea (Expired May 21, 2017)
  • Guinea-Bissau (Expired September 10, 2000)
  • Province of Kosovo (Expired December 8, 2000)
  • Kuwait (Expired March 27, 1992)
  • Lebanon (Expired April 9, 1993)
  • Liberia (Expired May 21, 2017)
  • Montserrat (Expired August 27, 2004)
  • Rwanda (Expired December 6, 1997)
  • Sierra Leone (Expired May 21, 2017)

Does TPS create a path to permanent residence or citizenship?

TPS doesn’t give beneficiaries a different parts to lawful permanent residence that is a green card. but a TPS recipients who is found eligible for permanent residents can apply for that status.

Basically a person who comes to the United States without and inspection is not eligible to apply for a permanent resident. six federal appellate circuits formerly ruled on this issue.

Three federal appellate circuits (the Sixth, Eighth, and Ninth Circuits) ruled that someone can have a valid temporary protected status status and can be  lawful permanent resident if otherwise eligible to a family base or employment-based petition.  even though the enter the United States without an inspection.

Three other federal appellate courts (the Third, Fifth, and Eleventh Circuits) ruled ruled that a TPS residents who comes to the United States without an inspection cannot get a permanent residence.

Therefore there are some temporary protected status recipients who can be granted  permanent residence if they are giving an advance permission from the USCIS otherwise known as advance parole, travelled abroad and were paroled back into the United States.

What happens to a TPS beneficiary when a TPS designation ends?

TPS beneficiary can go to immigration status that they had received TPS, accept the status has expired or the person have successfully gotten a new immigration status.

Temporary protected status beneficiaries who wish to enter the United States without an inspection and who are not found eligible for other immigration benefits, would go back to being undocumented at the end of the TPS designation and become a thing to remove.

Conclusion

Being in a designated country gives you an advantage to come to the United States to live temporarily and work temporarily for a short period of time allowing you to gain some level of freedom while being there. Although you have to meet the basic criteria for you to get this temporary protected status.

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