In principle, merely having dual nationality is not a bar to applying for Temporary Protected Status. However, an additional concept called firm resettlement may affect individuals seeking asylum or Temporary Protected Status.
Although dual nationality and firm resettlement are distinct concepts, they can overlap in certain circumstances.
What does firm resettlement mean?
A person may be considered firmly resettled if, before arriving in the United States, they entered another country with an offer of permanent resident status, citizenship, or another form of permanent resettlement. The applicant must have actually entered the third country, and the status offered or maintained there must be permanent in nature.
Simply traveling through another country, living and working there without status, or holding temporary or limited status in that country does not trigger this restriction.
In summary, to be considered firmly resettled and therefore potentially ineligible for certain U.S. immigration benefits, a person must have obtained permanent status in another country before arriving in the United States. The concept does not apply merely because someone transited through a country, lived and worked there without status, or held temporary or limited status.
Dual nationality, although it does not by itself prevent someone from obtaining TPS, may lead USCIS to investigate firm resettlement. Advice based on the person’s specific circumstances is important when preparing a response to a request for additional information about firm resettlement.
In short, dual nationality does not necessarily prevent TPS, but it may prompt an inquiry into whether the person was firmly resettled in another country. An immigration attorney should carefully review travel documents and prior applications to help ensure that the TPS application contains accurate information and is prepared to address any additional request regarding firm resettlement.