Understanding Temporary Protected Status in the U.S.
What is TPS?
Temporary Protected Status (TPS) is a humanitarian program that allows eligible nationals of designated countries facing extreme conditions, such as armed conflict, environmental disasters, or other extraordinary circumstances, to live and work legally in the United States for a specified period. TPS is not a pathway to permanent residence, but it offers a lifeline to those in urgent need of safety and refuge.
Temporary Protected Status (TPS) shields individuals from deportation, grants employment authorization (with an Employment Authorization Document) and allows for travel abroad authorization (Application for Travel Document, Form I-131).
When individuals from certain countries face security threats upon returning home due to ongoing conflicts or adverse conditions, they may be eligible for Temporary Protected Status (TPS). This status is provided to safeguard their safety and well-being. As of 2023, approximately 610,000 TPS recipients reside in the United States.
TPS History
The Immigration Act of 1990 empowered the Attorney General to grant Temporary Protected Status (TPS) to individuals from countries where returning would endanger their safety due to armed conflict, natural disasters, or other extraordinary conditions. With the creation of the Department of Homeland Security (DHS) under the Homeland Security Act of 2002, the authority to grant TPS transferred to the Secretary of Homeland Security.
How is TPS Determined?
The Secretary of Homeland Security, in consultation with various federal agencies, decides whether a country qualifies for TPS designation based on ongoing armed conflict, natural disasters, or other extraordinary conditions that pose risks to individuals returning home.
TPS Eligibility
TPS eligibility extends to nationals of designated countries or habitual residents of those countries who are already in the United States. To qualify, individuals must have been continuously present in the U.S. since the country's TPS designation date and meet other criteria established by the Secretary of Homeland Security.
TPS Eligibility
Country
Afghanistan
Burma
Cameroon
*El Salvador
Ethiopia
*Haiti
*Honduras
*Nepal
*Nicaragua
Somalia
South Sudan
Sudan
Syria
Ukraine
Venezuela
Yemen
Please check within this link for any important updates, including the expiration dates of Temporary Protected Status (TPS) for your country: https://www.uscis.gov/humanitarian/temporary-protected-status. *Denotes countries whose designation had been terminated by the Department of Homeland Security by December 2020 but were auto-extended by court rulings.
TPS: The Application Process
The TPS application process involves submitting various forms, evidence, and fees. Applicants must provide identity and nationality evidence, date of entry evidence, and continuous residence evidence. Fee waivers are available for those unable to pay.
TPS: Additional Tips
While TPS doesn't offer a direct path to permanent residency or citizenship, it doesn't preclude eligibility for these statuses either.
If TPS is removed from a country, individuals revert to their previous immigration status. Deferred Enforced Departure (DED) is a status similar to TPS, but it's granted by executive power rather than congressional authority.
Who Is Eligible for TPS?
To be eligible for TPS, you must:
Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation;
Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
Have been continuously residing (CR) in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.
You may NOT be eligible for TPS or to maintain your existing TPS if you:
Have been convicted of any felony or two or more misdemeanors committed in the United States;
Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
Fail to meet the continuous physical presence and continuous residence in the United States requirements;
Fail to meet initial or late initial TPS registration requirements;
If granted TPS, you fail to re-register for TPS, as required, without good cause; or
Resettled in another country prior to your arrival to the U.S.
How to Apply for TPS?
Applying for TPS involves submitting the necessary forms, evidence, and fees (if applicable) to U.S. Citizenship and Immigration Services (USCIS). Applicants should also undergo biometrics and security checks as part of the process.
If you or someone you know is eligible for TPS, it's essential to seek legal counsel or assistance to navigate the application process effectively. Additionally, staying informed about immigration policies and updates is key to making the most of available opportunities.
For the most up-to-date information and guidance on TPS, visit the official DHS website https://www.dhs.gov/search?goog=tps and consult with our immigration experts and legal professionals who can provide personalized assistance during this critical time.
How is TPS different from Asylum?
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:
Applying for nonimmigrant status
Filing for adjustment of status based on an immigrant petition
Applying for any other immigration benefit or protection for which you may be eligible
Asylum grants an applicant authorized stay, so long as the applicant does not work without authorization during the pendency of the asylum application.
Lawful immigration status is distinct from being in a period of authorized stay. Periods of authorized stay are only relevant when determining an alien’s accrual of unlawful presence for inadmissibility purposes. Although an alien in a lawful immigration status is also in a period of authorized stay, the opposite is not necessarily true. Those in a period of authorized stay may or may not be in a lawful immigration status.
Officers consider the difference between lawful immigration status and a period of authorized stay when determining whether an alien is in lawful immigration status for purposes of the INA 245(c)(2) adjustment bar.
When can I apply for TPS?
If you're applying for Temporary Protected Status (TPS) you must do during the registration period.
I am in U.S., but my family is not, can they still qualify for TPS if I apply?
All applicants must have continuous residence in the U.S. and continuous physical presence in the U.S.
How long will TPS last?
The designation of TPS is typically effective for 18 months and renewed at DHS discretion in 18 months increment.
If I apply for TPS when will I get my work authorization?
If USCIS approves your TPS registration application and you filed Form I-765, Application for Employment Authorization, and paid the fee for an Employment Authorization Document (EAD) (or if USCIS approved your fee waiver request), USCIS will issue you an EAD with an expiration date of country redesignation date at time of approval.
How long will TPS last?
If you have TPS and wish to travel outside the United States, you must apply for travel authorization. Travel authorization for TPS is issued as an advance parole document if USCIS determines it is appropriate to approve your request. This document gives you permission to leave the United States and return during a specified period of time. To apply for advance parole, you must file Form I-131, Application for Travel Document. If you are filing Form I-131 together with Form I-821, send your forms to the address listed on the linked page above for your country. If you are filing Form I-131 separately based on a pending or approved Form I-821, check the Direct Filing Addresses for Form I-131 page.
If you leave the United States without requesting advance parole, you may lose TPS and you may not be permitted to re-enter the United States.
If USCIS is still adjudicating your TPS application, you may miss important USCIS notices, such as Requests for Additional Evidence, while you are outside the U.S. failure to respond to these requests may result in the denial of your application.
We encourage you to read and understand the travel warning on Form I-131 before requesting advance parole, even if you have been granted TPS. If you have been unlawfully present in the U.S. for any period of time, you may want to seek legal advice before requesting advance parole for travel.
What forms do I need to fill out to apply for TPS myself and we here can I find it?
To register or re-register for TPS you must file Form I-821, Application for Temporary Protected Status
When filing an initial TPS application or re-registering for TPS, you can also request an employment authorization document (EAD) by submitting a completed Form I-765, Request for Employment Authorization, at the time of filing Form I-821. You may also file your Form I-765 request separately at a later date. Filing Form I-821 with Form I-765 may help you receive your EAD more promptly if you are eligible.
When you apply, if you are aware that a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS, please include a Form I-601, Application for Waiver of Grounds of Inadmissibility, with your TPS application package. However, you do not need to file a new Form I-601 for an incident that USCIS has already waived with a prior TPS application. USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest.
When filing an initial TPS application, you must submit:
Identity and Nationality Evidence: to demonstrate your identity and that you are a national of a country designated for TPS (or that you have no nationality, and you last habitually resided in a country designated for TPS).
Date of Entry Evidence: to demonstrate when you entered the United States.
Continuous Residence (CR) Evidence: to demonstrate that you have been in the United States since the CR date specified for your country (see your country’s TPS web page to the left).
Any document that is not in English must be accompanied by a complete English translation. The translator must certify that:
He or she is competent both in English and the foreign language used in the original document; and
The translation is true and correct to the best of his or her ability, knowledge, and belief.
Avoid Scams
Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS finding legal advice webpage.
We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. Visit the Avoid Scams page for information and resources.
If you are from one of the countries with TPS designation and want to know if you qualify for TPS, please take our survey by clicking here.
As part of our commitment to supporting our clients and friends, we have created the following questionnaire to analyze your personal information and determine your eligibility for this benefit. Once we have reviewed the questionnaires, our office will contact potential applicants within 48 hours to inform them of their eligibility and discuss any other options available in their case.
Frequently Asked Questions
Individuals covered by DED are not required to file any applications; however, they must submit Form I-765, Application for Employment Authorization, if they want to apply for an Employment Authorization Document (EAD).
If you are covered by DED, you will not accrue unlawful status during the DED period.
DED is an administrative stay of removal that the President can make for a group of individuals in his constitutional authority to conduct foreign relations. TPS designations can be made in the Secretary of Homeland Security’s discretion, if he determines that conditions in the country satisfy the statutory standard. Unlike TPS, DED has no statutory basis. Although individuals covered by a grant of DED will not be removed from the United States, they are not considered to have an immigration status.
If USCIS approves your initial TPS application, USCIS will send you an approval notice with an I-94, Arrival/Departure Record, which is evidence of your TPS. If you filed Form I-765, Application for Employment Authorization, USCIS will also send you an Employment Authorization Document (EAD), if you did not receive an EAD before this step. For more information on the TPS application process, visit the TPS page on the USCIS website. (See the section Application Process.)
The processing time for initial Form I-821, Application for Temporary Protected Status, is approximately 6 months; the processing time for Form I-765, Application for Employment Authorization, is approximately 3 months; the processing time for Form I-131, Application for Travel Document, is approximately 6 months. Note that these are approximate times and that processing time for each case may vary depending on its complexity. For more information on processing times, visit the Check Case Processing Times page on the USCIS website.
As defined in 8 CFR 208.15, an applicant is considered to be firmly resettled if, prior to arrival in the United States, they entered into another country with, or while in that country received, an offer of permanent residence status, citizenship, or some other type of permanent resettlement, unless they establish:
• That their entry into that country was a necessary consequence of their flight from persecution, that they remained in that country only as long as was necessary to arrange onward travel, and that they did not establish significant ties in that country,
OR
• That the conditions of their residence in that country were so substantially and consciously restricted by the authority in the country that they were not in fact resettled.
Irrespective of whatever additional foreign citizenships individuals may hold, they are eligible for TPS if they establish that they are a national of the TPS country and meet all other eligibility requirements.
As long as the applicant can provide sufficient evidence that they are a national from the country with designation (e.g., passport, birth certificate and photo identification, and/or any national identity document from country of origin bearing a photo and/or fingerprint), then the applicant should be able to meet the nationality requirement. The applicant may also provide secondary evidence of nationality if they do not have primary evidence. USCIS may require the applicant to submit additional evidence or attend an interview if the evidence submitted is insufficient to demonstrate nationality.
Being a dual national does not automatically prevent an applicant from meeting the nationality requirement for TPS. However, having another citizenship in could indicate that the applicant may be ineligible for TPS because of the firm resettlement asylum bar that also applies to TPS. In order for USCIS to determine whether the bar applies, which must be done on a case-by-case basis, dual citizens are encouraged to submit as much evidence as possible regarding when and how they obtained their citizenships, the nature of their family and other ties to the country, whether they have lived in the other country, when and how long; whether and when they have visited the other country of citizenship; and any other information that the applicant believes may be relevant to the firm resettlement issue.
Whether you are applying for asylum or TPS, the definition of firm resettlement remains the same. If you are firmly resettled, you are not eligible for asylum or for TPS. The asylum section of the Firm Resettlement Lesson Plan applies to TPS.
When determining continuous physical presence (CPP) and continuous residence (CR), USCIS must consider your time outside of the United States. The law allows an exception to the CPP and CR requirements for brief, casual and innocent departures from the United States. When you apply for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. An absence such as a temporary trip abroad required by emergency or extenuating circumstances outside your control will not break continuous residence. USCIS will determine whether the exception applies in your case.
TPS is a country-specific program. Based on the Secretary’s designation, USCIS may grant TPS to eligible nationals of certain countries and to eligible individuals without nationality (stateless) who last habitually resided in the designated country before residing in the United States. A TPS applicant who claims to be stateless has the burden to establish that they are not a national of any country. Individuals may submit an affidavit explaining why they have no lawful nationality (that is, why they are stateless) with as much supporting documentation as possible. Examples of documentation include a government order taking away their prior nationality; a copy of legislation that deprived them of their nationality; evidence that their previous country of nationality has ceased to exist without a successor country that recognizes them as its national; a written document from a court or government entity stating that they are stateless and therefore have no nationality; or any other evidence supporting their claim that they do not have a nationality.
Individuals who are claiming that they do not have any nationality and are stateless must also demonstrate that they last habitually resided in a TPS-designated country before they came to live in the United States. Examples of documentation include evidence of established residence in the TPS-designated country, such as documentation that they rented or owned a home during the period they lived there; employment and/or school records; address(es) where they lived; medical records; phone or utility records from the period they lived there; or at least two affidavits from persons who knew them when they lived in the TPS-designated country that describe their relationship to them, how long they have known them, how they know that they lived in the TPS-designated country before coming to live in the United States, and their address and contact phone numbers. Individuals may also provide any other documents that demonstrate that they lived in the TPS-designated country immediately before coming to the United States to live. If they lived in any other country between the time that they lived in the TPS-designated country and the time that they came to the United States, they must provide evidence of residence in that other country or countries.
The correct code for an initial TPS Employment Authorization Document is A12. We recommend that TPS registrants (that is, individuals applying for TPS for the first time) answer A12 to question No. 27 on Form I-765, Application for Employment Authorization. USCIS will not reject a Form I-765, category C19, that is properly filed (with fees or fee waiver request, signatures, etc.).
USCIS may consider TPS applications from individuals who are currently in immigration detention. An individual in removal proceedings, at the time of the foreign state’s designation, may submit an application to USCIS. If an individual is in removal proceedings and the basis of the Notice To Appear (NTA) is a mandatory ground for TPS ineligibility, EOIR would have jurisdiction to adjudicate the TPS application. See 8 C.F.R. 244.7(d).
TPS is an individual benefit and provides no benefit to derivatives. Family members may apply for TPS simultaneously or individually provided that each individual meets the eligibility criteria for TPS independently. USCIS encourages each family member file their own application with a separate payment.
TPS applicants may submit Form I-601, Application for Waiver of Grounds of Inadmissibility, with their initial TPS package; however, USCIS will give applicants the opportunity to submit this form later if they did not submit it their initial package. For more information, visit the TPS page on the USCIS website.
Not unless they are a national of the designated country or an individual without nationality who last habitually resided in his home country. Eligible nationals of may submit an initial registration application under the designation of their country for TPS and apply for an Employment Authorization Document.
No. Only eligible nationals (or individuals having no nationality who last habitually resided in the country of designation) may submit an initial registration application under the designation for TPS and apply for an Employment Authorization Document.
TPS applicants should list all countries they entered while traveling to the United States, including countries where they resided as well as those where they transited through. In Part 11, Additional Information of Form I-821, TPS applicants may provide the dates when they were in those countries and any immigration status they may have had while in those countries.
Please provide your current immigration status (or lack of status). For example, visitor, student, visa overstay or no status.
Yes, Part 6 Information About Your Children (if any) of Form I-821 should be completed only if you are filing a late initial application for TPS. The TPS registration period began on March 9, 2021 and will end on Sept. 5, 2021. There is no late initial filing during an initial designation for TPS.
TPS applicants who are submitting a copy of their passport to establish nationality and identity and also to show their entry into the United States should include all of the pertinent pages that evidence that information, for example, the Visa Page, admission stamp, etc.
Expired passports are acceptable to establish nationality and identity.
Any national identity document from the country of origin bearing a photo and/or fingerprint is acceptable.
Registration for TPS does not prevent individuals from applying for or maintaining a nonimmigrant status, such as a tourist visa; however, they should submit Form I-131, Application for Travel Document, and obtain a travel document before travelling outside of the United States.
Yes, applicants who are out of status or entered the United States without being inspected and admitted may apply for TPS provided that they meet all other eligibility requirements.
While individuals who already have an EAD are not required to apply for a TPS-based EAD, category (a)12, they are permitted to request one at the time of filing Form I-821 or at a later date.
Registration for TPS does not prevent individuals from applying for or maintaining a nonimmigrant status, such as F1 academic student. As stated in the Designation for Temporary Protected Status and Implementation of Employment Authorization for the designated country Covered by Deferred Enforced Departure FRN (see 86 FR 13574), at least 60 days before the expiration of a country’s TPS designation or extension, the Secretary, after consultation with appropriate Government agencies, must review the conditions in the foreign state designated for TPS to determine whether the conditions for the TPS designation continue to be met. See INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign state continues to meet the conditions for TPS designation, the designation will be extended for an additional period of 6 months or, in the Secretary’s discretion, 12 or 18 months. See INA section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines that the foreign state no longer meets the conditions for TPS designation, the Secretary must terminate the designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Individuals with a pending or approved asylum claim may also apply for TPS and for an Employment Authorization Document (EAD) based on TPS. Applying for TPS will not affect your asylum claim. All TPS applicants must pay the required fees or submit a Form I-912, Request for a Fee Waiver. USCIS also collects the photograph, signature, and/or fingerprints (that is, the biometrics) of every TPS applicant over 14 years old, as needed. Biometrics are required for identity verification, background checks, and the production of your EAD, if you requested one and are eligible. As part of the processing of your TPS application, USCIS will send you an appointment notice to have your biometrics captured at an Application Support Center (ASC). For more information on the TPS application process, visit the TPS page on the USCIS website (see “Step 3, USCIS Contacts You” in the section “Application Process”).
The granting of TPS, in and of itself, does not release a J nonimmigrant from the INA 212(e) two-year foreign residence requirement. The J nonimmigrant would still need to apply for the waiver, provide evidence supporting their reasons for seeking the waiver, and be granted a waiver of the two-year requirement if they wish to change to a different nonimmigrant status (other than certain limited nonimmigrant categories) or seek immigrant status.
Eligibility for TPS is based on whether the applicant is an eligible national of the designated country (or a person having no nationality who last habitually resided in the designated country). Therefore, the underlying basis for a person’s TPS status is not related to and may not support a claim for a waiver of the J-1 2-year requirement based on either a fear of persecution or a claim of exceptional hardship upon the applicant’s U.S. citizen or lawfully permanent resident spouse or child.
