The secretary of Homeland Security may designate a foreign country for Temporary Protected Status (“TPS”) due to conditions in the country that temporarily prevent its nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. TPS may be granted to:
Eligible nationals of certain countries (or parts of countries) who are already in the United States; and
Eligible individuals without nationality who last resided in the designated country. To be eligible for TPS, you must:
Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation;
Have been continuously physically present in the United States since the effective date of the most recent designation date of your country; and
Have been continuously residing in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States.
YOU MAY NOT BE ELIGIBLE FOR TPS (OR TO MAINTAIN YOUR EXISTING TPS) IF YOU:
Have been convicted of any felony or two or more misdemeanors committed in the United States;
Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
Do not meet the continuous physical presence and continuous residence in the United States requirements;
Do not meet initial or late initial TPS registration requirements; or
Do not re-register for TPS without good cause if TPS is granted to you.
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