For foreign nationals who cannot return to their home country due to war, natural disaster, or other special circumstances, the United States offers two paths to protection: TPS (Temporary Protected Status) and Asylum. Both allow a person to defend against removal and remain in the U.S. lawfully, but the eligibility requirements and procedures differ.
TPS (Temporary Protected Status)
What Is TPS?
When the Secretary of Homeland Security designates a specific country for TPS, individuals from that country who are present in the United States may receive temporary protected status.
Eligibility Requirements
- Must be a national of a TPS-designated country, or a person whose last habitual residence was in that country
- Must have been continuously present in the United States since the designation date or earlier
- Must have no felony conviction, no two or more misdemeanor convictions, and no grounds of inadmissibility
- Must apply within the designated registration period
Benefits of TPS
- Protection from removal: Removal proceedings are suspended during the TPS period
- Employment Authorization (EAD): Lawful work authorization in the United States
- Travel authorization: International travel permitted with advance approval (Advance Parole)
- Driver's license: Some states will issue a driver's license to TPS holders
Asylum
What Is Asylum?
Asylum is a form of protection for individuals who have been persecuted, or who have a well-founded fear of future persecution, in their home country on account of race, religion, nationality, membership in a particular social group, or political opinion, and who seek protection in the United States.
Types of Asylum Applications
- Affirmative Asylum: Filed directly with USCIS (within one year of entering the United States)
- Defensive Asylum: Filed in immigration court during removal proceedings
TPS vs. Asylum Comparison
| Category | TPS | Asylum |
|---|---|---|
| Eligibility basis | National of a designated country + presence in the U.S. | Personal fear of persecution |
| Filing deadline | Within the designated registration period | Within one year of entry |
| Path to a green card | No direct path | May apply for a green card after one year |
| Duration | Temporary (6-18 months, renewable) | Permanent upon approval |
| Proof of individual persecution | Not required | Required |
Considerations for the Korean Community
- Korea is not a TPS-designated country: TPS does not apply to Korean nationals.
- Asylum cases: Although extremely rare, there have been cases in which asylum was granted to Korean nationals based on religious persecution, political opinion, sexual orientation, and similar grounds.
- Other relief: Korean nationals in removal proceedings should also consider other forms of relief, such as Cancellation of Removal.
⚠️ Important Notice (as of 2026): The list of TPS-designated countries changes frequently. The current administration is terminating, or is in the process of terminating, the TPS designation of a number of countries. For the latest information on TPS, please check the official USCIS website. We strongly recommend consulting with an immigration attorney regarding your individual case.
Frequently Asked Questions
Q. If I receive TPS, can I apply for a green card?
TPS itself does not directly lead to a green card. However, if a TPS holder becomes independently eligible for a green card—for example, by marrying a U.S. citizen—they may apply. Under recent case law, some individuals who obtained TPS have been recognized as having made a lawful entry, which has allowed them to file Form I-485.
Q. Can I work while my asylum application is pending?
You may apply for employment authorization (EAD) once 150 days have passed since your asylum application was filed. However, any period of delay in adjudication attributable to the applicant is excluded from that 150-day count.
If you are facing removal, a legal path to protection may exist. For a consultation regarding TPS or asylum, please contact the Law Office of Attorney Jin D. Cho.
Phone: (718) 353-2699 | Email: jd@choattorneys.com