With the
Immigration Act of 1990 and other laws passed since then, Congress gave the
United States Attorney General authority to designate
temporary protected status (TPS) for immigrants,
regardless of how they arrived in the U.S., from countries where they would unable to return safely due situations to such as warfare or environmental disasters, as a humanitarian effort.
One's TPS status remains active as long as the country is maintained on the Attorney General's list. As of 2021, about 400,000 immigrants have TPS status.
[1]
Jose Sanchez and Sonia Gonzales
unlawfully entered the U.S. from El Salvador in 1997 and 1998, respectively. Following the
January and
February 2001 earthquakes in their native country, the couple applied for and received TPS. They continued to live in the U.S. in New Jersey, raising a family of four, with their youngest becoming a U.S. citizen. In 2014, the couple opted to apply for their green cards to become permanent residents.
Citizenship and Immigration Services denied their application, stating that as the couple did not enter the country lawfully, they could not apply for permanent status.
[1]