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American Dream Law Office PLLC

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American Dream Law Office PLLC

Temporary Protected Status

Under INA §244, the Attorney General may establish temporary programs to protected citizens of certain countries. The Temporary Protected Status (TPS) program is one of these programs. The AG in consultation with government agents may establish such programs for one of the following countries:

A person who is granted TPS:

Eligibility for Temporary Protected Status

An applicant must establish the following to establish eligibility under INA §244(c):

  1. Nationality of the protection country by passport, certificate of birth, or affidavit if other documents do not exist
  2. Presence in the United States at the time of designation must also be shown. INA §244(c)(1)(A).
  3. Must be otherwise admissible
  4. Must not firmly resettled in a third country
  5. Must not be ineligible because of a conviction for a felony or two misdemeanors
  6. Must apply within the period of registration unless he was in other legal status after which he can apply within 60 days.

Spouses and children of TPS holders may register after the period of registration as long as the relationship existed at the time of designation. They must also be nationals of the country of designation and meet all other requirements. Matter of Echeverria, 25 I&N Dec. 512(BIA 2011). If TPS is denied for a ground of deportability a charging document shall be issued. 8 CFR§§ 244.3-4.

Termination of TPS

Temporary protected status may be withdrawn in the following circumstances under INA §244(c)(3):

The Trump Administration has issued decisions to revoke the designation of several countries for TPS. Please call us to discuss your options.

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