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Temporary Protected Status (TPS)
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What conditions qualify a country for TPS?
A country may be designated for TPS due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that prevent its nationals from returning safely.
What is TPS in the context of immigration law?
TPS, or Temporary Protected Status, is a temporary immigration status provided to nationals of certain countries that are experiencing severe conditions, such as armed conflict or natural disasters, which make it unsafe for them to return home.
How long does TPS last once a country is designated?
TPS designation can last for 6 to 18 months and may be extended by the Secretary of Homeland Security, if unsafe conditions in the designated country persist.
Can TPS holders travel outside the United States?
Yes, but TPS holders must apply for and receive a travel authorization known as Advance Parole prior to leaving the United States to return without jeopardizing their status.
What are the benefits of having TPS?
TPS beneficiaries can obtain an Employment Authorization Document (EAD), are not removable from the U.S. during the TPS designation, and may be granted travel authorization.
Can a person with TPS apply for a green card?
TPS itself does not provide a direct path to a green card; however, some TPS holders may become eligible for a green card through other immigration routes, such as family sponsorship or employment-based visas.
What happens to TPS holders if their country's designation is terminated?
If a country's TPS designation is terminated, nationals must revert to their previous immigration status, adjust their status if eligible, leave the United States, or potentially face deportation proceedings.
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