The U.S. Citizenship and Immigration Services (USCIS) provides temporary protective status to foreign nationals who are unable to return safely to their countries. Ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions are types of dangers that would make return unsafe.

The Secretary of Homeland Security has the authority to designate a country or section of a country for TPS and also to extend or terminate a TPS designation. The USCIS website currently keeps a list of designated countries on their Temporary Protected Status webpage and states the date that ends the designation.

Foreign nationals qualifying for TPS may remain in the United States and are able to obtain work authorization. However, TPS status does not permit the nonimmigrant to apply for U.S. permanent residency status.

In addition to TPS, some countries are designated for Deferred Enforced Departure (DED) under the President’s executive right to manage foreign relations. DED status extends the authorized stay in the United States for foreign residents of those designated countries.

According to the USCIS, foreign nationals with the following qualifications may be eligible for TPS benefits:

• Applicants who establish the necessary continuous physical presence and continuous residence in the United States as designated
• Applicants who are not subject to one of the criminal and security-related bars to TPS
• Applicants who apply for TPS benefits during the designation period. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must re-register within the specified time period to maintain TPS benefits.

Disqualifications for TPS include the following:

• Any felony or two or more misdemeanor criminal convictions in the United States
• Being a persecutor or otherwise subject to one of the bars to asylum
• Being subject to one of several criminal-related or terrorism-related grounds for which a waiver is not available