What is Temporary Protected Status (TPS)?

TPS is an immigration status granted to eligible nationals of a designated country or persons without nationality who last habitually resided in the designated country. The Secretary of the Department of Homeland Security (DHS) in consultation with the Secretary of State is authorized to designate a foreign state for TPS based on an emergency, such as an ongoing armed conflict or environmental disaster, that temporarily prevents nationals who are in the United States from returning safely to the designated county.

TPS beneficiaries who register by the specified date are eligible to remain in the Unites States during the TPS designation period and receive protection from deportation. They may also apply for employment authorization and advance parole travel permission during their grant of TPS.

Who is eligible for TPS for Afghanistan?

To be granted TPS, an applicant must be a national of Afghanistan or a noncitizen with no nationality who last habitually resided in Afghanistan. He or she must also prove continuous residence in the United States since March 15, 2022, and continuous physical presence in the United States since May 20, 2022. Absences that are “brief, casual and innocent” do not prevent applicants from showing continuous residence or continuous physical presence. Likewise, a brief temporary trip abroad required because of an emergency or extenuating circumstances outside the applicant’s control will not break continuous residence.

The applicant must apply within the registration period that runs from May 20, 2022, through Nov. 20, 2023, unless he or she qualifies for late initial registration. An otherwise eligible individual is disqualified from TPS if he or she:

  • Has been convicted of any felony or two or more misdemeanors committed in the United States;
  • Is found inadmissible as an immigrant under the applicable grounds in INA § 212(a), including non-waivable criminal and security-related grounds; or
  • Is subject to any of the mandatory bars to asylum found at INA § 208(b)(2)(A).
For more information:

APPLICATION TOOLKIT – Click the link below to download the presentation slides and collected/translated documents in English, Dari, and Pashto from IILA’s Afghan Legal Representation Project (ALRP).  Documents include overview presentations, application instructions, and checklists for applying for TPS and fee waivers.

DOWNLOAD TOOLKIT

TPS Fee Waiver November 15, 2023 Legal Clinic