What Is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a humanitarian immigration benefit that allows nationals of designated countries to live and work legally in the United States when conditions in their home countries make it unsafe to return. These conditions typically include ongoing armed conflict, environmental disasters, or other extraordinary circumstances.
As we navigate the significant changes to immigration policy in 2026, TPS has become one of the most critical and closely watched programs. At the Law Office of Miguel Palmeiro in Arlington, Virginia, we are actively helping TPS holders across the Washington, D.C. metropolitan area understand their rights, maintain their status, and explore pathways to permanent residency.
Major TPS Changes in 2026
The immigration landscape for TPS holders has shifted dramatically. The Department of Homeland Security (DHS) has terminated TPS designations for several countries, affecting hundreds of thousands of individuals and families who have built lives in the United States over many years. These terminations create urgent deadlines and complex legal situations that require immediate attention.
Countries Affected by TPS Terminations
Multiple countries have seen their TPS designations terminated or are facing pending termination decisions. If you hold TPS from any designated country, it is essential that you consult with an experienced immigration attorney immediately to understand how these changes affect your specific situation and what options remain available to you.
The termination of TPS does not happen overnight. Typically, the government provides a wind-down period during which current TPS holders can make arrangements. However, these timelines can be tight, and preparing alternative immigration strategies takes time.
What TPS Holders Should Do Right Now
If you currently hold TPS or have a pending TPS application, the following steps are critical to protecting your immigration status:
1. Do Not Let Your TPS Registration Lapse
Even with termination announcements, TPS holders must continue to re-register during designated registration periods. Failure to re-register can result in loss of your TPS status and work authorization before the official termination date. Set calendar reminders for all re-registration deadlines and file your paperwork well in advance.
2. Renew Your Employment Authorization Document (EAD)
Your work permit is tied to your TPS status. When TPS is terminated, your EAD will eventually expire. Keep your current EAD valid by filing timely renewal applications. If your TPS is set to terminate, you may need to explore other work authorization options. An immigration attorney can help you understand alternative pathways to maintaining your ability to work legally.
3. Explore Alternative Immigration Pathways
The most important action TPS holders can take right now is exploring whether they qualify for other forms of immigration relief. Depending on your circumstances, you may be eligible for:
Family-Based Immigration: If you have a U.S. citizen or lawful permanent resident spouse, parent, or adult child, you may be eligible for a family-based green card. This is one of the most common pathways from TPS to permanent residency.
Employment-Based Immigration: If your employer is willing to sponsor you, employment-based green card categories may be available. Workers in specialty occupations, those with advanced degrees, or individuals with extraordinary abilities may qualify.
Asylum: If conditions in your home country have created a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to apply for asylum independently of your TPS status.
U Visa or VAWA: Victims of certain crimes who have cooperated with law enforcement may qualify for U visa protection. Victims of domestic violence perpetrated by U.S. citizen or permanent resident spouses may qualify for protection under the Violence Against Women Act (VAWA).
Cancellation of Removal: If you have been physically present in the United States for at least 10 years, have good moral character, and can demonstrate that removal would cause exceptional and extremely unusual hardship to a qualifying relative, you may be eligible for cancellation of removal before an immigration judge.
4. Gather and Organize Your Documentation
Regardless of which alternative pathway you pursue, having organized documentation is essential. Collect and safely store copies of all TPS approval notices and EADs you have received, your passport and any travel documents, tax returns for every year you have been in the United States, proof of continuous physical presence in the U.S., employment records and pay stubs, lease agreements or mortgage documents, children’s birth certificates and school records, and any evidence of community ties such as church membership, volunteer work, or business ownership.
5. Consult With an Immigration Attorney Immediately
The single most important step you can take is consulting with a qualified immigration attorney as soon as possible. Every TPS holder’s situation is unique, and the best strategy depends on your specific circumstances, including your family situation, employment history, length of time in the United States, and country of origin.
Can TPS Holders Get a Green Card?
One of the most frequently asked questions we receive is whether TPS holders can obtain permanent residency. The answer depends on several factors.
Under current law, TPS holders who entered the United States lawfully (with a visa, at a port of entry, or through another legal mechanism) and who have an approved immigrant petition may be able to adjust their status to lawful permanent residence without leaving the country. This is particularly relevant for TPS holders who have married U.S. citizens or whose employer is willing to sponsor them.
TPS holders who entered without inspection (crossed the border without authorization) generally face additional hurdles. However, there may still be options available depending on when they entered the United States and whether they qualify for certain waivers or exceptions.
Recent court decisions have created some complexity around whether TPS constitutes a lawful admission for purposes of adjustment of status. An experienced immigration attorney can analyze your specific entry circumstances and advise you on the best path forward.
How the Immigration Court Backlog Affects TPS Cases
The massive immigration court backlog, which has grown to over 1.7 million cases in 2026, creates both challenges and opportunities for TPS holders. On one hand, if your TPS is terminated and you are placed in removal proceedings, you may wait years before your case is heard by an immigration judge. During this time, you may be able to continue living and working in the United States if you obtain a stay of removal.
On the other hand, the backlog means that any applications for alternative relief will also take longer to process. This makes it even more important to begin exploring your options now rather than waiting until your TPS termination takes effect.
Protecting Your Family
If you are a TPS holder with U.S. citizen children, the stakes are especially high. Your children may have been born in the United States, attend American schools, and know no other home. When building your case for alternative immigration relief, the potential impact on your children is a critical factor that can strengthen applications for cancellation of removal and other forms of humanitarian protection.
Additionally, if your spouse is a U.S. citizen or permanent resident, the family-based immigration process should be explored as a matter of urgency. Processing times for family-based cases vary significantly, so starting the process early gives you the best chance of obtaining permanent status before your TPS expires.
Beware of Immigration Scams
Unfortunately, changes in immigration policy often lead to an increase in scams targeting vulnerable immigrants. Be cautious of anyone who guarantees specific outcomes in your immigration case, charges fees to submit TPS re-registration forms that you can file yourself, claims to have special connections with USCIS or immigration judges, pressures you to sign documents without allowing time to review them, or is not a licensed attorney or accredited representative.
Always verify that your immigration attorney is licensed to practice law in your state and is in good standing with the state bar association. You can verify attorney credentials through your state bar’s online directory.
How the Law Office of Miguel Palmeiro Can Help
Our immigration law firm has been helping TPS holders in the Arlington, Virginia and Washington, D.C. area for over 16 years. We understand the anxiety and uncertainty that comes with TPS changes, and we are committed to helping every client explore every available option.
Our team speaks English, Spanish, Portuguese, and French, allowing us to serve the diverse immigrant communities throughout Northern Virginia, Washington, D.C., and Maryland. We offer free initial consultations where we can review your immigration history, assess your eligibility for alternative forms of relief, and develop a personalized strategy to protect your ability to remain in the United States.
Do not wait until your TPS termination date to seek legal advice. The earlier you begin planning, the more options you will have available. Call us today at (703) 522-2427 or visit our office at 3300 Fairfax Drive, Suite 222, Arlington, VA 22201 to schedule your free consultation.
Frequently Asked Questions About TPS in 2026
How long does TPS last after termination is announced?
Typically, the government provides a wind-down period of several months to over a year after announcing a TPS termination. The exact timeline varies by country designation. During this period, TPS holders should actively pursue alternative immigration strategies.
Can I travel outside the United States on TPS?
TPS holders can request advance parole to travel internationally by filing Form I-131 with USCIS. However, travel during this uncertain period carries risks. If your TPS is terminated while you are outside the country, you may not be able to re-enter. Always consult with an attorney before traveling internationally.
What happens to my driver’s license if I lose TPS?
Your state-issued driver’s license or identification card may be tied to your immigration status. When your TPS and EAD expire, you may lose the ability to renew these documents. This is another reason why exploring alternative status options early is critical.
Can my employer fire me when my TPS ends?
Employers are required to verify that their employees are authorized to work in the United States. When your EAD expires without renewal, your employer may not be able to continue your employment legally. Obtaining alternative work authorization before your TPS expires is essential for maintaining your livelihood.
