TPS | Temporary Protected Status

Serving San Antonio, Austin and McAllen, Texas

What is Temporary Protected Status?

U.S. Customs and Immigration Services permits visa holders from certain unstable foreign countries to apply for Temporary Protected Status. This program is designed to allow visa holders whose home countries have become unstable to remain in the United States after the expiration of their visas. “TPS countries” must be designated by the Department of Homeland Security and may be subject to change without prior notice. Like some other means of refugee-based immigration, Temporary Protected Status may apply to foreign nationals who are in the United States illegally.

Who is Eligible for TPS?

Currently, the U.S. Department of Homeland Security recognizes six “TPS countries.” Foreign nationals from these countries may apply for Temporary Protected Status at any point after arriving in the United States:

• Sudan
• Somalia
• Honduras
• Nicaragua
• El Salvador
• Haiti

It is important to note that some TPS countries may also be covered by the Nicaraguan Adjustment and Central American Relief Act.

Countries are occasionally added to or removed from the TPS list. The Department of Homeland Security uses the following criteria to determine whether a country warrants its status:

• Political unrest or violence presents a danger for residents and visitors
• A natural disaster or war has destroyed large swathes of the country’s physical infrastructure
• The country is temporarily unlivable due to “extraordinary conditions” like a coup, genocide or other man-made disaster

Meet with a TPS lawyer today to find out if you qualify for temporary protected status.

Requirements/Qualifications for TPS

Individuals who wish to apply for protected status must furnish several types of documentation. In general, they must prove that the following conditions are true:

• They resided in the U.S. prior to their country’s TPS designation
• They have a felony-free criminal record
• They are not involved in the cause of their country’s TPS status
• They are not a security threat

Rights of Individuals Who Claim TPS

Temporary Protected Status confers several important rights. Foreign nationals who secure TPS may not be compelled to return to their home countries. During this time, they may move freely about the U.S. and continue to work or seek employment. It is important to note that TPS does not automatically provide a path to lawful permanent residency. However, individuals who remain in the U.S. under the auspices of TPS may secure LPR sponsorship through marriage, employment or other means. For a thorough review of the legal rights for a person who has temporary protected status, reach out to the TPS lawyers at the Gutierrez Law Firm.

How We Can Help

The Gutierrez Law Firm’s compassionate TPS attorneys are committed to fighting for the rights of each of our clients. We understand that the process of claiming Temporary Protected Status can be fraught with difficulty and stand ready to assist in any way that we can. Our firm has nearly a quarter-century of experience in immigration-related legal matters and has the resources to tackle complex cases.

For more information about the laws that govern Temporary Protected Status petitions, consult with a TPS lawyer today at 210.225.7114.