Temporary Protected Status (TPS)
Humanitarian protection, deportation relief, and work authorization for nationals of designated countries facing armed conflict or environmental catastrophe.
Temporary Protected Status (TPS) Overview
INA § 244 • 8 C.F.R. Part 244 • Country Designations & Work Authorization
Humanitarian Protection for Designated Countries
Under Section 244 of the Immigration and Nationality Act (INA § 244), the Secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that prevent nationals from returning safely.
TPS beneficiaries are protected from removal (deportation), granted work authorization (EAD under Category (a)(12)), and may receive travel authorization (Form I-512T). TPS is not permanent residence on its own, but serves as a vital shield and potential stepping stone toward permanent status.
Under USCIS Policy Memorandum PM-602-0188 (July 2022), TPS beneficiaries who travel abroad with prior DHS authorization and return are "inspected and admitted" into TPS status, satisfying the "inspected and admitted or paroled" threshold for green card adjustment under INA § 245(a).
3 Core TPS Criteria
- Nationality: National of designated country (or habitual resident without nationality).
- Continuous Physical Presence (CPP): Continuously present since designated effective date.
- Continuous Residence (CR): Resided continuously in US since specified residence date.
Mandatory Criminal Bars to TPS
INA § 244(c)(2)(B) • 8 C.F.R. § 244.4 • Non-Waivable Statutory Ineligibilities
1 Felony Conviction
Any federal, state, or local conviction punishable by imprisonment for a term exceeding 1 year constitutes a permanent mandatory bar.
2 Misdemeanor Convictions
Two separate misdemeanor offenses (punishable by 5 days to 1 year imprisonment) bar TPS eligibility completely. Cannot be waived.
Security & Persecution Bars
Individuals subject to mandatory asylum bars (persecution of others, particularly serious crimes, national security risks) are ineligible.
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