Many nationals already in the U.S. find themselves unable to return home safely when instability, disaster, or conflict erupts abroad. Temporary Protected Status, or TPS, exists precisely for these cases. It acts as a humanitarian safeguard that offers lawful presence and protection from deportation. But qualifying isn’t automatic, and the rules are specific.
For residents in a diverse community like Queens, NY, understanding TPS eligibility is a matter of security and survival. TPS is granted to individuals who were already present in the U.S. at the time their country received the designation. This means timing, documentation, and personal history are critical. While federal rules apply nationwide, local context matters.
Applying late or improperly can cost you protection you might otherwise deserve. The process is complex, but not insurmountable. With the right support from a Queens Immigration Attorney, you can confidently handle the path to temporary protection. And for those facing immigration court or fearing deportation, knowing your rights could change everything.
Key Statistics:
- As of September 30, 2024, the U.S. had 1,095,115 individuals granted Temporary Protected Status across 16 countries.
- The largest group of TPS holders is from Venezuela, with over 505,400 beneficiaries.
- Haiti follows closely with 260,790 Temporary Protected Status beneficiaries nationwide.
- El Salvador holds the third-highest number of Temporary Protected Status recipients at 174,190.
- New York is home to 86,665 Temporary Protected Status beneficiaries, ranking third among U.S. states.
- Temporary Protected Status for Haiti is currently set to expire on August 3, 2025, pending further review.
- Nationals of 17 countries remain eligible for Temporary Protected Status in June 2025.
What Does It Mean to Be Eligible for TPS?
Eligibility for Temporary Protected Status is not based solely on nationality. It’s a legal framework with layered requirements. To qualify, you must meet strict criteria outlined by U.S. immigration law and enforced by USCIS. These include the country you’re from, when you arrived, and how long you’ve stayed. Even your conduct while in the U.S. is inspected. Queens immigration attorney can help you interpret these rules, evaluate your records, and build a strong application.
Who Can Apply?
Temporary Protected Status is a humanitarian immigration status authorized by the Secretary of Homeland Security. It’s offered to nationals from countries undergoing crises that make returning home unsafe. These include war, natural disasters, and other extraordinary events. It allows you to stay and work in the U.S. temporarily without fear of removal. However, it does not offer a direct path to permanent residency or citizenship.
You can apply if:
- You are a national of a currently designated country.
- You were physically present in the United States on or before the designation date.
- You file your application during the open initial or re-registration period, or qualify under the late initial filing rules.
Temporary Protected Status is only granted to those already present in the U.S. when DHS makes the designation. It’s not available to people trying to enter after the fact. Those who entered afterward must wait until their country is redesignated.
Which Countries Are Currently Designated?
As of June 2025, the U.S. recognizes 17 countries as eligible. These include Venezuela, Haiti, Nepal, El Salvador, Ukraine, and others. Each designation comes with its own eligibility and expiration dates.
Here’s what you need to know:
- Venezuela (2021): Still active through September 10, 2025.
- Haiti: Valid through August 3, 2025.
- Nepal: will terminate August 5, 2025.
- Afghanistan: terminates July 15, 2025.
- Cameroon: Ends August 4, 2025.
- Sudan, Syria, Ukraine: Valid through late 2026.
A Queens immigration attorney can help determine which designation applies to you. Confirming that you meet all timing conditions tied to that country. It’s always helpful to review what other clients have said about their experiences before choosing legal representation in Queens.
What Forms Are Required?
To apply, you must file Form I-821, Application for Temporary Protected Status. If you want to work legally in the U.S., also submit Form I-765, Request for Employment Authorization. These forms can be filed together and even online. If you have grounds of inadmissibility (for example, past immigration issues), include Form I-601. This is an Application for Waiver of Grounds of Inadmissibility.
You will also need to:
- Pay the correct filing fees, or submit Form I-912 for a fee waiver.
- Include proof of identity and nationality.
- Submit evidence of continuous presence and continuous residence.
- Respond to any USCIS Requests for Evidence (RFEs).
What Will Disqualify an Applicant?
Even if you meet all the country and date-based requirements, certain factors can disqualify you. The law sets firm exclusions based on criminal history, immigration violations, and national security concerns.
Disqualifications include:
- A felony conviction in the U.S.
- 2 or more misdemeanors (even minor ones) committed in the U.S.
- Being found inadmissible under INA section 212(a), which includes certain criminal and security-related grounds.
- Participation in the persecution of others or involvement in terrorist activity.
- Failure to maintain continuous residence or physical presence as required.
- Failure to file during the designated registration periods, unless you qualify for a late initial filing.
What Happens if You Entered Without Inspection but Now Live in Queens, NY?
In Queens, NY, thousands of immigrants are undocumented, unprotected, and unsure of what legal remedies apply to them. Many of these individuals entered the U.S. without inspection. This means they crossed the border without going through a checkpoint or visa process.
Does Unlawful Entry Automatically Disqualify You?
The short answer is no. Temporary Protected Status does not require lawful admission into the United States. Even if you entered the country without a visa, you can still qualify. So long as you meet all the other eligibility criteria. DHS and USCIS do not bar you from applying based on an Entry Without Inspection (EWI).
How Does This Affect Applicants in Queens?
Queens has one of the largest undocumented immigrant populations in the country. Many residents arrived without visas, especially those from crisis-stricken nations. Many fear that admitting to EWI could lead to denial or deportation. This fear keeps many eligible individuals from applying at all.
What Are the Country-Specific Presence Dates?
Eligibility is highly date-specific. You must prove that you were physically present in the U.S. before a particular cutoff date, not after.
Based on DHS’s 2024–2025 announcements:
- Venezuelans applying under the 2023 designation had to be physically present by July 31, 2023. That designation was terminated in May 2025, so new applicants under that round are no longer eligible.
- The 2021 Venezuela designation remains active through September 10, 2025. However, applicants are required to have been present in the U.S. since March 8, 2021.
- Haitians had to show continuous physical presence from June 3, 2024.
- Afghan nationals’ cutoff date was March 15, 2022, and theirs will terminate on July 15, 2025.
- Nepalese applicants needed to be present in the U.S. as of June 24, 2015.
These dates are not flexible. Even if you entered just 1 day late, you are not eligible. For residents of Queens, especially those who entered undocumented and moved around before settling locally, this poses a challenge. You must show continuous presence from the correct date to now. Along with proof like rent records, school forms, or pay stubs. An immigration attorney can review your timeline and help identify qualifying documentation.
Can EWI Affect Adjustment to a Green Card Later?
EWI does not disqualify you. However, it can severely limit your ability to adjust to lawful permanent residency (green card status) later. The Supreme Court has ruled that TPS does not count as “admission” into the U.S. under immigration law. This matters because most green card processes require a lawful admission. Especially for those applying based on marriage to a U.S. citizen.
For example:
- If you entered without inspection and marry a citizen, you may not be eligible to adjust your status. That is, unless you leave the country and return with legal authorization.
- Leaving without advance parole may trigger bars to reentry. Sometimes 3 or 10 years, if you were unlawfully present for over 180 days or a year.
- It allows you to apply for Advance Parole, which may allow you to leave and return lawfully. This may create a path to green card eligibility, but it is complex and carries risk.
Citizenship doesn’t have to be confusing; see how it works with the right attorney on your side.
This legal nuance affects many in Queens who hope their temporary protection might lead to a permanent solution. It won’t, at least not automatically. If your long-term goal is to stay in the U.S. permanently, consult a Queens immigration attorney. Do this before making any move that could jeopardize your future status.
FAQs
Is TPS Being Removed? Yes, some designations have recently been terminated. The 2023 Venezuela designation ended on May 19, 2025. Afghanistan’s designation will end on July 15, 2025. However, for countries like Haiti (valid through August 3, 2025) and El Salvador, it remains active. Always check the USCIS TPS page for the most current designations and expiration dates.
Can I Go from TPS to Green Card? Yes, but only in limited circumstances. If you entered the U.S. lawfully or traveled and returned using TPS-based Advance Parole, you may qualify for adjustment of status. However, this alone does not count as a legal admission under federal law. You should consult a Queens immigration attorney to evaluate your path before applying.
Is Venezuela’s TPS Cancelled? The 2023 designation for Venezuela was officially terminated as of May 19, 2025. This is following a DHS announcement upheld by the Supreme Court. That version is no longer accepting new applications. However, the 2021 Venezuela designation remains in effect and has been extended through September 10, 2025. Only individuals who qualified under the 2021 criteria can continue to benefit.
Can Someone with TPS Marry a U.S. Citizen? Yes, a person with TPS can legally marry a U.S. citizen. But marriage alone doesn’t guarantee lawful permanent residency. If you entered the U.S. without inspection, you may not be eligible to adjust your status inside the U.S. An immigration attorney can guide you through the green card process if you’re affected by entry issues.
Can a TPS Holder Buy a House? Yes, TPS holders are allowed to purchase property in the United States. Many financial institutions recognize this as lawful presence and allow qualified applicants to apply for mortgages. That means you can own and finance real estate even if your status is temporary. However, consult a financial advisor or attorney if your expiration date is approaching.
Begin Your Next Step Toward Stability
Temporary Protected Status promises safety when your home country becomes unsafe. It promises dignity when the risk of deportation looms. Temporary Protected Status doesn’t grant itself; it requires action, proof, and courage. And it requires doing all this in time. If you think you may qualify, don’t wait. The smartest step is to consult a knowledgeable Queens immigration attorney. Book a free consultation today!
