Temporary Protected Status: Practice and Strategies guides advocates through practical and technical considerations when assisting individuals applying for Temporary Protected Status (TPS). This accessible guide provides a clear introduction to TPS for new practitioners but also serves as a helpful refresher for more experienced advocates. This manual includes an in-depth discussion of how to identify and address issues that may impact TPS eligibility, including criminal convictions, certain grounds of inadmissibility, and the asylum bars. This resource also provides practical guidance on how to gather evidence to present the strongest possible initial application for TPS, including when seeking late initial registration. This guide also addresses how TPS interacts with other forms of status and highlights considerations when pursuing others immigration benefits while holding TPS.
The inaugural edition of Temporary Protected Status: Practice and Strategies includes:
- An overview of how and why TPS designations are made by DHS and the benefits provided to recipients;
- Three chapters outlining in detail red flag issues for TPS applicants, including the unique criminal bars for TPS;
- An overview of how the grounds of inadmissibility apply in the TPS context, including which grounds do not impact TPS eligibility and which can be waived through a special waiver;
- An overview of how the mandatory asylum bars apply to TPS with an in-depth look at firm resettlement, including clear guidance on when it is triggered and how to argue against its application;
- Guidance for applying for late initial registration for certain eligible individuals who missed their country’s initial TPS registration period;
- A summary of the re-registration process and late re-registration, as well as how some TPS recipients are impacted by automatic extensions of TPS; and
- Special considerations for TPS eligible individuals who are in non-immigrant visa status, have a claim for asylum, or are eligible for family-based immigration.