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Temporary Protected Status

Temporary Protected Status

Temporary Protected Status

Given the prevalence of conflicts and dangerous national situations (like wars and disasters), there are many people in the United States who cannot return to their country of origin. The US requires those staying in the country to have some sort of required status, ranging from permanent residency to those seeking asylum. However, those who cannot return home because of armed conflict or natural disaster can receive temporary protected status. Said status allows for these individuals to remain in the US lawfully.

Temporary Protected StatusTemporary protected status, however, is only awarded to those from ten specific countries. The individual has to be either from Haiti, Sudan, South Sudan, Syria, Nepal, El Salvador, Honduras, Yemen, Somalia or Nicaragua. In order for a country to be deemed eligible, the Attorney General must designate temporary protected status to all nationals of the country. Once the status is granted, all nationals can apply for the status. If there is a reason to extend a designation for a country due to its domestic circumstances, a designation can be extended again. However, the Attorney General can also choose to not extend.

Apply For Temporary Protected Status

A national of the eligible country can apply for temporary protected status if they meet the required criteria. Most importantly, the applicant must prove why they must physically remain in the US continuously from their arrival. Furthermore, as US Immigrations has rules across the board regarding the ineligibility of residency in the US for those with felony convictions or security-related risks, the applicant must not be subject to these distinctions either. The applicant must file Form I-821 and if this form is denied, the applicant will not receive the status unless they file another application.

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