TEMPORARY PROTECTED STATUS (TPS) AND REFUGEE & ASYLUM APPLICATION

Brief Overview

Temporary Protected Status (TPS)- allows foreign nationals from countries that are in turmoil (hurricane, earthquake, major flood, etc.) and therefore unsafe, apply to temporarily live in the U.S. with a work permit until conditions in their home country improve. Notably, only the U.S. government can officially designate TPS status. Further, the U.S. government will always put an expiration date on each countries TPS designation and renew TPS status when deemed appropriate. When a countries TPS designation expires, so does the foreign national's right to stay in the U.S.

Refugee & Asylum Application- allows foreign nationals who are fleeing persecution or a well founded fear of persecution in their home country to stay in the U.S. until it's safe to return to their home. If after 1 year, conditions are still deemed unsafe, both refugee's and asylee's can apply for lawful permanent residence.

The main difference between refugee status and asylum status is physically where the application process is started. Foreign nationals outside the U.S. must apply for refugee status while outside the U.S. Other differences are that the refugee applicant must have a financial sponsor in the U.S. before an application will be approved by the U.S. government and that there are numerical limitation on the number of refugees allowed in the U.S. (a decision made by the President of the United States). Asylum, unlike refugee status, can only be applied for while on U.S. soil, does not require a financial sponsor and is not subject to numerical limitation.