Temporary Protected Status
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries. As part of the Immigration Act of 1990 (“IMMACT”), P.L. 101-649, Congress established a procedure by which the attorney general may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing-armed conflict, an environmental disaster, or other extraordinary and temporary conditions.
During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS or to any other status they may have acquired while registered for TPS.
Persons who are a national of a country designated for TPS are eligible to apply for TPS benefits if he or she:
- Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;
- Is not subject to one of the criminal, security-related, or other bars to TPS; and
- Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.
Nicaraguan Adjustment and Central American Relief Act (NACARA)
The Nicaraguan Adjustment and Central American Relief Act (NACARA) provides relief for Nicaraguans, Cubans, Salvadorans, Guatemalans and some Eastern Europeans. Individuals from these countries can adjust to lawful permanent resident status even if previously ordered excluded, deported, removed or if they failed to depart the U.S. after a voluntary departure order.
Generally, some qualifications for benefits under NACARA are, although they differ for each country covered under the act:
- Entry into the U.S. prior to 1991
- Filing of asylum application prior to April 1, 1990 (Guatemalans, Salvadorans) or Dec. 31, 1991 (Eastern Europeans)
- Not convicted of an aggravated felony
- Spouse and children are covered, and unmarried sons and daughters are covered, if the son or daughter entered the U.S. on or before October 1, 1990.
- Seven or ten years of continuous presence
- Good moral character, determined by lack of criminal record, clean driving record and proof of filing of federal tax returns for the past seven years
For more information, please contact us by e-mail or call (952) 854-3313 for a free phone consultation.