For thousands of people, Temporary Protected Status (TPS) is a safeguard and a chance to build stability. The Department of Homeland Security (DHS) is responsible for granting TPS. It is a program that offers protection from deportation and work authorization. However, it comes with strict eligibility requirements. It is a humanitarian immigration status. Allowing nationals from designated countries to remain in the U.S. when returning to their home country is unsafe.
TPS is a relief program that has been active for decades. Offering protection to individuals who cannot safely return to their home countries. Due to war, natural disasters, or other extraordinary crises. It is temporary by design. Serving as a lifeline for many immigrants already in the U.S. when their country is designated for this protection.
The program is subject to strict government guidelines. The application process requires careful attention to detail. Recent policy shifts under DHS and USCIS continue to shape who can benefit from this program. A Queens immigration Attorney helps break down the requirements, limitations, and legal pathways available to TPS holders.
Key Statistics:
- 863,880 people currently hold TPS status in the U.S.
- 331,300 additional individuals may qualify under recent redesignations.
- 17 countries have active TPS designations as of January 2025.
- Sudan and Ukraine TPS extensions were granted until October 2026.
- Haiti’s TPS extension was shortened from 18 to 12 months, now ending in August 2025.
- Venezuela’s 2023 TPS designation will officially end on April 7, 2025.
- Each TPS designation lasts 6, 12, or 18 months before a DHS review.
Eligibility Criteria for Temporary Protected Status (TPS)
To qualify for Temporary Protected Status (TPS), applicants must meet strict requirements set by the USCIS. These eligibility factors include nationality, continuous residence, physical presence, and a clean immigration record. While TPS provides temporary protection from deportation and work authorization, it is not automatically granted. Instead, each applicant must prove eligibility by submitting the required documentation and maintaining compliance with U.S. immigration laws.
The TPS designation process is country-specific, meaning only nationals of certain crisis-affected nations can qualify. Understanding the requirements, deadlines, and disqualifying factors is essential for anyone seeking to apply for or renew their TPS status.
Nationality and Residency Requirements
To qualify for TPS, applicants must prove they are nationals of a country designated for Temporary Protected Status (TPS). If they are stateless, they must prove that they last resided in a designated country. As of January 2025, 17 countries have active TPS designations, including Afghanistan, Haiti, Venezuela, and Ukraine.
Additionally, applicants must demonstrate that they have continuously resided in the U.S. since the date specified for their country’s designation. This is different from continuous physical presence. Residency requirements focus on where the individual has maintained a permanent presence. Physical presence focuses on where they were on the effective date of designation.
One major concern for applicants is proving nationality, especially for those who lack traditional documentation. If an individual cannot provide a passport, birth certificate, or national ID, USCIS may accept secondary evidence. This includes affidavits, school records, or consular statements. However, a lack of primary evidence can lead to delays or even denial if alternative proof is deemed insufficient.
Application Deadlines and Filing Fees
Applying for TPS requires strict adherence to registration deadlines and fee submission requirements. Each designated country has an initial registration period, during which eligible nationals must apply. Failing to apply within this window typically disqualifies an individual unless they meet an exception for late initial filing.
The primary form for TPS applications is Form I-821, Application for Temporary Protected Status. If the applicant also seeks work authorization, they must submit Form I-765. Application for Employment Authorization. Filing both forms simultaneously can speed up the processing of an Employment Authorization Document (EAD). Allowing TPS holders to work legally in the U.S.
In addition to these forms, USCIS requires biometric fees for fingerprinting and background checks. Fee waivers are available through Form I-912, Request for Fee Waiver, but approval is not guaranteed. If a waiver is denied, applicants must pay the full filing fee before their application will be processed.
What Happens After TPS Approval?
Once approved for TPS, individuals receive temporary protection from deportation. Along with the ability to apply for work authorization. However, TPS does not automatically lead to permanent residency or citizenship. Instead, beneficiaries must explore other legal pathways, such as family-based green cards, employment sponsorship, or asylum claims.
TPS holders who previously obtained advance parole and were inspected upon reentry may have an easier path to status adjustment. With the replacement of advance parole with Form I-512T, the process for TPS holders seeking green cards remains complex. Highly depending on individual circumstances.
Recently, several federal circuit courts have split rulings on whether TPS qualifies as a valid “admission” for adjustment purposes. This makes it critical for TPS holders seeking permanent residency to consult with an experienced immigration attorney before proceeding.
How U.S. Immigration Policies Impact Temporary Protected Status (TPS) Eligibility
TPS policies are highly sensitive to shifts in U.S. immigration policy. Notably, designations, extensions, and terminations are largely dictated by the Department of Homeland Security (DHS). Over the years, TPS has expanded and been restricted based on geopolitical events, federal court rulings, and changing administrations. Recent DHS rulings and USCIS eligibility updates have introduced new opportunities for some applicants while tightening restrictions for others.
Recent DHS Rulings on TPS Extensions and Terminations
DHS has exercised broad discretion in extending and terminating TPS designations. Leading to uncertainty for thousands of beneficiaries. One of the most significant policy changes in 2025 is the termination of Venezuela’s 2023 TPS designation. As well as the shortened extension period for Haiti.
On February 1, 2025, DHS terminated Venezuela’s 2023 TPS designation, effective April 7, 2025. This decision leaves thousands of Venezuelans in legal limbo, as their work permits and deportation protections will soon expire. Although Venezuela was initially redesignated for TPS in October 2023, the new ruling reverses that decision. This impacts about 242,700 Venezuelans who previously qualified for TPS under the 2023 designation.
Haiti, another long-standing TPS-designated country, saw its extension period reduced from 18 months to 12 months. now set to expire on August 3, 2025. This policy shift reflects a growing trend of shortening TPS extensions. This makes long-term planning increasingly difficult for Haitian beneficiaries.
Given that Haiti has historically been granted extended TPS protections. Due to political instability, gang violence, and natural disasters, the decision signals a tougher stance from DHS on long-term TPS designations. As of March 2024, about 161,700 Haitians held TPS, with an additional 109,200 eligible under recent redesignations.
However, with the expiration date now moved up, the pressure is mounting for Haitian TPS holders. Urging them to renew their status promptly or explore alternative immigration options.
How Do USCIS Eligibility Changes Affect New Applicants
USCIS continuously updates Temporary protected status (TPS) eligibility criteria. Recent redesignations have expanded opportunities for new applicants. Individuals from Lebanon, Sudan, and Ethiopia have seen growing discussions about their potential new TPS designations. If granted, thousands of individuals from these nations could gain temporary protection in the U.S.
Lebanon is facing one of its worst economic and political crises in history. Exacerbated by the 2020 Beirut explosion, ongoing government instability, and rising regional conflicts. As a result, advocacy groups have pushed for Lebanon’s inclusion in the TPS program. Arguing that return conditions are too dangerous for nationals living in the U.S.
Sudan has been a longstanding TPS-designated country. However, its recent redesignation and extension until October 19, 2026, suggest that DHS may further expand protections. The violent conflict between rival military factions has led to thousands of civilian casualties. Making repatriation unfeasible for many Sudanese nationals in the U.S.
Ethiopia also remains a potential candidate for TPS expansion, as the civil war in the Tigray region has displaced millions. Ethiopia was initially granted a TPS designation valid through December 2025. However, human rights organizations continue to argue that the worsening humanitarian crisis warrants a redesignation or extension.
Ultimately, DHS’s decisions will depend on assessments of safety conditions, diplomatic relations, and political considerations.
USCIS requires strict compliance with deadlines and eligibility requirements for first-timers. Recent rulings have introduced shorter registration periods. Requiring applicants to stay informed through the Federal Register and USCIS policy updates. Failure to apply within the initial registration window can result in ineligibility. Except in rare cases where applicants qualify for a late initial filing exception.
Moreover, new USCIS policies have increased scrutiny of evidence requirements. Making it essential for applicants to submit proof of nationality, continuous residence, and physical presence in the U.S. without gaps. As DHS monitors conditions in TPS-designated countries, policy shifts could expand or limit eligibility in the coming months.
The Role of the Federal Courts in TPS Decisions
DHS holds exclusive authority over temporary protected status (TPS) designations. However, federal courts maintain protections for some beneficiaries. Many legal challenges have prevented abrupt terminations of TPS designations. Allowing beneficiaries to remain in the U.S. while cases are reviewed.
Can Someone with a Criminal Record Qualify for TPS?
Applying for Temporary Protected Status (TPS) comes with strict eligibility criteria. A criminal history or past immigration violations can significantly impact an applicant’s chances. The U.S. government uses TPS as a humanitarian measure. However, it prioritizes national security and public safety when determining who qualifies.
Disqualifying Criminal Convictions
The USCIS enforces strict criminal record restrictions for temporary protective status (TPS) eligibility. Any applicant with a felony conviction or multiple misdemeanors is automatically ineligible for a Temporary Protected Status (TPS). A felony is a crime punishable by more than 1 year in prison. If an individual has ever been convicted of a felony in the United States, they cannot receive TPS.
For misdemeanors, USCIS applies a 2-strike rule; if an applicant has 2 or more misdemeanor convictions, they will be denied. A misdemeanor is typically defined as a crime punishable by up to 1 year in jail. However, TPS regulations treat any conviction in this category as a serious offense.
Which Immigration Violations Could Prevent Temporary Protective Status (TPS) Approval?
Aside from criminal history, certain immigration-related violations can also affect TPS eligibility. A prior removal order or asylum denial does not necessarily make an applicant ineligible for TPS. Someone who was ordered removed or deported may still apply for TPS. If they meet all other requirements and their removal order is not based on criminal grounds.
However, the U.S. may bar individuals from TPS if they pose national security concerns or have committed fraud. Examples include:
- Lying on immigration applications or providing fraudulent documentation.
- Involving in human smuggling or illegal re-entry after removal.
- Having past associations with criminal organizations or terrorist groups.
Thinking of working without authorization? See what’s at stake and how to protect yourself.
Get Help from a Queens Immigration Attorney
Temporary Protected Status (TPS) is not just a legal designation. It’s a shield that protects thousands from instability and deportation. However, TPS holders live in uncertainty, as the program relies on shifting policies, political changes, and ongoing country conditions. Every detail matters, and a small mistake in your application could cost you your status. Reach out for a free consultation with an attorney who understands TPS.
