Temporary Protected Status

What Temporary Protected Status is. Temporary Protected Status, or TPS, is a statutory form of protection created by section 244 of the Immigration and Nationality Act, codified at 8 USC 1254a and implemented at 8 CFR part 244. It is granted because of conditions in a country, not because of anything particular to the applicant. A person who holds it cannot be removed while it lasts, is entitled to work authorization, and cannot be detained by the Department of Homeland Security on the basis of immigration status. 8 USC 1254a(a)(1), (d)(4).

Four separate questions. Eligibility for Temporary Protected Status is not a single test but four requirements that must all be satisfied: a connection to a designated country, presence and residence in the United States across defined periods, admissibility as an immigrant subject to the program's own adjustments, and registration within the period announced for that country. 8 USC 1254a(c)(1); 8 CFR 244.2. Two of the four depend on dates that are not in the statute or the regulations at all.

Overview. Advance parole is permission obtained before leaving the United States to be paroled back in on return. It is requested from USCIS on Form I-131, now titled the Application for Travel Documents, Parole Documents, and Arrival/Departure Records, and if granted it produces an advance parole document. The device exists because certain applications pending with USCIS are treated as abandoned if the applicant simply departs, and because some applicants have no visa with which to return.