What is temporary protected status (TPS)?
TPS stands for Temporary Protected Status. This is a temporary immigration status available to nationals from specific designated countries. The US designates TPS countries if they are determined to be facing conflict conditions, environmental disaster, and/or some extraordinary, temporary condition. Such conditions can make it dangerous for nationals to be deported back to their home country so the US government makes this status available to those foreign nationals on a temporary basis. TPS status allows the foreign national to live and work in the US for a temporary time period. TPS status does not include a separate path to permanent residency or citizenship.
Who is eligible for TPS?
To be eligible for TPS, an individual must be a citizen of an officially designated TPS country. The individual must be already located in the US and must have resided in the US since the date the country was most recently designated as a TPS country. Departures for short visits, or minor trips do not necessarily count against the required residency, but individuals should consult an attorney to verify if their trips outside the US may impact their eligibility status. Individuals must have filed their application for TPS during the initial registration, or re-registration, period. Some people may be eligible for late initial filing. It is also important to note that stateless individuals, or individuals without nationality who last resided in a TPS designated country may also be eligible.
Who may not be eligible for TPS?
Individuals who do not meet above listed eligibility requirements may not be eligible or may be denied TPS. Individuals may not be eligible for TPS if they have certain criminal convictions in the US. Felony convictions, or two (or more) misdemeanors, on record generally fall into this category. In addition, individuals seeking TPS are subject to the same mandatory bars as asylum seekers. These bars include involvement in the persecution of protected classes, convictions of particular crimes outside the US, firm resettlement in another country, engaged in terrorist activity or training, a member/representative of a foreign terrorist group or recruitment for such groups, or if an individual is an immediate family member (spouse/child) of an individual who was found inadmissible to the US in the last five years due to the aforementioned asylum bars. Individuals may also be ineligible for TPS if they are inadmissible under INA section 212(a) grounds.
What is the duration of TPS designation?
The length of time for the TPS designation of a certain country can vary. An initial TPS designation can be anywhere from 6-18 months; this is dependent on the situation in the country. Should emergency conditions warrant, the country’s TPS designation can be extended as necessary by the Department of Homeland Security (DHS). This means that individuals can be on TPS status for varying degrees of time anywhere from a year to even 10+ years.
TPS individuals are able to work in the US with authorization until their TPS status expires. TPS status individuals who have received work authorization can receive an automatic extension of their EADs when the TPS status of a country is renewed.
Otherwise, EADs expire on the date the TPS status of an individual expires.
Current TPS designated countries.
- Burma / Myanmar
- El Salvador (pending legal ruling)
- Haiti (pending legal ruling)
- Honduras (pending legal ruling)
- Nepal (pending legal ruling)
- Nicaragua (pending legal ruling)
- Somalia
- South Sudan
- Sudan (pending legal ruling)
- Syria
- Venezuela
- Yemen
- Ukraine
- Afghanistan
Several TPS designated countries are subject to final termination pending legal rulings. This means that the country’s TPS status has been extended while the courts make a final decision as to their status. For more information regarding the status of TPS countries individuals should go to the USCIS website.
How Do I apply for TPS?
- To file for TPS, individuals need to submit the following:
- Form 1-821, Application for Temporary Protected Status
- Form I-765, Application for Employment Authorization
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
- Any applicable filing fees or Form I-912, Request for Fee Waiver.
- Required evidence/supporting documentation, such as:
- Identity documents
- I-94/evidence of entry to the US
- Evidence of continuous residency in the US
- Evidence of good cause for late filings, if applicable
Process for Filing for TPS
The process for filing for TPS can be complicated and some aspects of the process can vary depending on the status of an individual. Because each case can vary, it is important to consult an immigration attorney to discuss all aspects of a person’s case.
The general process for filing for TPS is as follows:
- Initial submission of a complete and signed Form 1-821 (Application for Temporary Protected Status) along with a completed and signed Form I-765 (Application for Employment Authorization). Applicable payment of fees must be included as well as supporting evidence/documentation. The additional Form I-601, Application for Waiver of Grounds of Inadmissibility may also be needed at this stage, if the applicant’s situation/case warrants. The submission must be made during the initial registration, or re-registration, time period. When and where to file the initial application is dependent on the TPS country. USCIS provides information about such submission times and locations and can be accessed by clicking on a specific country on the USCIS website.
- The applicant will then receive a confirmation receipt from USCIS. This receipt should be saved as it has important information that may be needed later in the filing process.
- The applicant will also receive a bio-metric services notice (when applicable). The applicant must then appear at their bio-metrics appointment for fingerprinting.
- USCIS will later send a notice with a date and time for an interview (if required). Applicants must attend the interview and bring along required documentation.
- Finally, USCIS will make notification of their decision to the applicant.
Important information when completing TPS application forms
The Form I-765, Application for Employment Authorization, must be included in the initial TPS application filing. This is required even if an individual does not intend to work while in the US.
Required forms have step by step instructions that should be carefully reviewed before completing the application. Instructions for Form 1-821, Application for Temporary Protected Status, and instructions for I-765, Application for Employment
Authorization can be found here:
I-812 and I-765
When filling out forms, instructions often indicate that no question should be left blank. If there is no response for a question, it is usually required that individuals write “N/A” or “none” in those fields. Applicants should carefully review instructions to see if they must write something into every field on their forms.
Requested addresses should be fully written out. It is not recommended to only write the city or state if a full address is available.
All questions should be fully answered to the best knowledge of an individual applicant. Provide knowingly false information on official documents can result in denial of the application and other official measures. If there are any eligibility related issues, an applicant is concerned about, it is best to consult an immigration attorney prior to submission of the application.
An applicant must correctly indicate their current immigration status on their application forms. Individuals who are out of status or in removal proceedings (currently or in the past) may still be eligible for TPS. It is important to consult an immigration attorney if such status issues apply.
Would be applicants should review mandatory asylum bar information and make sure that they are not considered inadmissible. If any of the asylum bars apply to an applicant, their TPS application will be denied. Furthermore, this application information will be on record. If an applicant is unsure if a mandatory asylum bar applies to them, an immigration attorney can explain assess and provide further guidance. It is also possible in some situations that an explanation of a given situation may be warranted.
Individuals who received help in filling out their forms, must disclose the name of the person who assisted. If an attorney assists with an application, they are required to fill out the applicable sections disclosing their information on the various forms.
Any and all submitted documents that are not in English require a translation. Both the original language document and the English translation must be included.
Ensure that all necessary forms are signed and dated in all necessary locations.
Applicants should make sure to make copies of all documents and forms they are submitting. This copy should be saved along with any notification documents/emails sent to the applicant.
Traveling outside of the US AS TPS applicant
It is very important for TPS applicants to seek legal assistance and consultation if they intend to travel outside of the US. This is particularly important for any applicant that may have any unlawful presence or out of status time periods. If such factors are applicable for an individual, it is possible that they will be denied re-entry to the US upon return. This denial of re-entry is possible even if such person has approved TPS status. Individuals not potentially impacted by such factors, may be able to travel but will need authorization, known as advance parole. The applicable travel documentation can be requested by submitting Form I-131, Application for Travel Document. Official travel documents must be received before any travel.
Without this application/approval a person will be considered as having abandoned their TPS status when they left the US. Re-entry may therefore be denied and the TPS status revoked. It is important to note that extended travel outside the US, resettlement in another country and/or return travel to the TPS home country can threaten the TPS status of an individual. Consultation with an immigration attorney is recommended prior to any travel outside of the US for all TPS beneficiaries and applicants.
TPS beneficiaries who do travel with proper approval and documentation should, nonetheless, ensure that their travel is within permitted timeframes as indicated on the advance parole documentation. Breaching this time frame can result in losing TPS status and denial of re-entry to the US. Similarly, any official TPS related deadlines must be met regardless of approved travel plans.
Maintaining TPS
To maintain TPS status, an individual must file a re-registration application during the re-registration period for that specific TPS designated country, as indicated by DHS. Applications submitted before the announcement of a designated time period, or applications submitted outside of the announced time period, may be denied. It is not recommended to file an application early, or beyond, the designated time frame. Late filings may be accepted but will require additional documentation.
Eligibility requirements are the same as at the initial filing and as indicated above. If any new inadmissibility factors may impact the re-registration, the applicant may need a pertinent waiver. In addition, new criminal convictions can impact re-registration eligibility as can continues presence factors. It is recommended that an immigration attorney be consulted prior to the submission of the re-registration application, especially when factors have changed for the applicant.
To re-register for TPS status, an applicant will use the aforementioned Form 1-821 (Application for Temporary Protected Status) and should follow instructions listed on how to fill in the application for re-registration. This can be different from the initial application and close attention should be paid to any differences and additional requirements.
Employment authorization for TPS beneficiaries may be automatically extended when a country’s TPS designation is extended. However, it is also possible that TPS beneficiaries may be required to submit an employment authorization renewal application via Form I-765, Application for Employment Authorization. An immigration attorney can provide assistance and guidance for this process and should be consulted.