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Advantages and Disadvantages of Temporary Protected Status
Over 700,000 immigrants who came to the United States from a dozen other countries have been granted Temporary Protected Status (TPS) by the U.S. Citizenship and Immigration Services (USCIS). As the name suggests, TPS is a temporary status available to people who would face a threat to their safety or security if they were deported to the country from which they came.
In this blog post, we will talk briefly about eligibility for TPS, and focus on the pros and cons of applying for TPS if you are eligible.
Eligibility for Temporary Protected Status
You may be granted TPS if you come from certain designated countries where you would be in danger if you were forced to return. The types of danger fall into three general categories:
- Ongoing armed conflict: If there is an ongoing civil war or other armed conflict that would make it dangerous or extremely difficult to go back to your country of origin, you may be eligible for TPS. Countries including Yemen, Syria, and Myanmar qualify for TPS because of ongoing armed conflict.
- Natural disasters: If natural disasters in your home country have severely disrupted infrastructure and living conditions, you may be eligible for TPS. Examples are Hurricane Mitch in 1998, which created dangerous conditions in Honduras and Nicaragua, and the 2010 earthquake that affected Haiti. An epidemic or tsunami would also fall under the category of natural disasters.
- Extraordinary and temporary conditions: this category covers conditions other than armed conflict or natural disaster that would endanger people forced to return to their country of origin. The severe humanitarian crisis currently affecting the economy, medical care, and access to basic goods and services in Venezuela is an example.
Although the conditions above may exist in many countries, only people from those countries the United States has designated for TPS are eligible to apply for TPS. That includes nationals of the designated countries as well as individuals without nationality who last habitually resided in one of the designated countries. At this time, those countries are El Salvador, Haiti, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen.
Advantages of Temporary Protected Status
The primary advantage of TPS is that it protects you from forced deportation to your home country if returning there would endanger your safety or security. If your home country has been designated for TPS, anyone from that country who is in the United States may be eligible to apply for TPS during the registration period for initial applications.
You can also work in the United States if you have TPS. That means that you can apply for work authorization (an Employment Authorization Document), and you will be able to seek work and support yourself and your family legally. If you have TPS and are able to work legally, you are less likely to be taken advantage of by unscrupulous employers.
If you need to travel outside the United States, you can also apply to do that (with an Application for Travel Document). If permission to travel is granted, you can leave the United States and return without losing TPS.
Disadvantages of Temporary Protected Status
TPS offers important protections, but it is not perfect. There are a number of drawbacks to TPS.
One of these is, as mentioned above, not all countries that might be eligible have been designated for TPS. If your country is not on the list, you are simply ineligible. The U.S. government decides which countries are designated. The last presidential administration tried to severely limit TPS; the Biden administration has expanded it, adding Myanmar and Venezuela to the list of designated countries.
Another disadvantage of TPS is right there in the name: it is temporary. Federal immigration officials may make an initial grant of TPS for up to 18 months. TPS may then be extended as needed. In some cases, TPS has been extended repeatedly for decades. That said, there is no guarantee that TPS will be extended. If TPS for your home country expires, you will be out of status.
Also, even if you come from a country that is designated for TPS, you personally will not be eligible for TPS if you arrived in the United States after the date that your home country was designated eligible. In addition, you must keep living in the United States (with the exception of permitted travel outside the country) while your home country has TPS designation.
You will also have to be able to document the date you entered the United States and your continuous residence in this country. Fortunately, there are a number of ways you can do that, such as a lease you signed, rent receipts, bills or other business mail addressed to you in the United States with a postmark before the TPS grant date, employment records, school or medical records for you or your children, and testimony from people who know you personally.
In addition, you will need to prove you are a national (or habitual resident) of one of the designated countries. Unfortunately, the dangerous and disrupted conditions that made TPS necessary might also make it difficult to access records or consular services from your home country.
Another disadvantage of TPS is the cost involved. The fee for Form I-821, Application for Temporary Protected Status, is only $50. But associated forms may have much higher fees; for example, Form I-601, Application for Waiver of Grounds of Inadmissibility, carries a fee of $930. The good news is that you may be able to apply for and receive a fee waiver if you qualify.
Lastly, one downside of TPS is that it does not create a path to lawful permanent residency (a green card) or citizenship. The Biden administration has indicated a desire to allow immigrants with TPS a path to citizenship or a green card, but it is unclear whether they will be able to make that a reality.
Even with its disadvantages, TPS can be a good option — in some cases, the best option — for many immigrants. If you are from a country designated eligible for TPS and would like to learn more, please contact our law office to schedule a consultation.