Temporary Protected Status – A State of Disarray

Temporary Protected Status (TPS) is, for lack of a better description, temporary lawful residence in the United States.  TPS gives the holder the ability to live and work in the United States during the period of validity.

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.

Generally, when a country is designated for TPS, the grant of TPS is available to eligible nationals of that country who are physically present in the United States at the time of the designation.  The Secretary of Homeland Security will periodically review the TPS designation for each country and either terminate or extend the designation.

TPS for nationals of El Salvador, Honduras and Nicaragua are at a critical point. The Secretary of Homeland Security terminated the TPS designation for El Salvador and Nicaragua. It has not yet been determined whether the TPS designation for Honduras will terminate or extend. Below is a chart on the current state of TPS, the re-registration periods and the recommended steps to take.

Country El Salvador Honduras Nicaragua
TPS Terminates September 9, 2019 July 5, 2018 January 5, 2019
Re-Registration Period January 18, 2018
To
March 19, 2018
December 15, 2017
To
February 13, 2018
December 15, 2017
To
February 13, 2018
Employment Authorization
Document (EAD) Auto-Extended Through
September 5, 2018 July 4, 2018 March 6, 2018
Additionally, the EADs of TPS beneficiaries who timely re-register and file a request for a new EAD will be automatically extended through July 4, 2018
Notes The government has determined that it will not
renew TPS designation for
El Salvador.
The government has not yet determined whether it will renew or terminate TPS designation for Honduras. The government has determined that it will not renew TPS designation for Nicaragua.

I strongly recommend that each person with a valid TPS do all of the following immediately:

  1. Re-register for TPS
  2. Apply for a new Employment Authorization Document
  3. Apply for an Advanced Parole (travel) Document.

Be certain your properly completed TPS package is received by the USCIS before the end of the re-registration period.  If you have not already done so, TPS holders should immediately consult with competent immigration counsel to evaluate immigration alternatives.

If you would like our assistance in preparing, filing and monitoring your TPS case, please contact us as soon as possible by phone or email.