Are you wondering what TPS status is and how it can benefit you? At WHAT.EDU.VN, we provide a clear explanation of Temporary Protected Status (TPS), including eligibility requirements, application processes, and the rights it grants to eligible individuals. Understanding TPS status is crucial for those seeking temporary protection in the United States due to ongoing armed conflict, environmental disasters, or other extraordinary conditions in their home countries. We aim to clarify immigration benefits and protected status for everyone.
Table of Contents
- What Is Tps Status?
- Who is Eligible for TPS?
- What are the Disqualifications for TPS?
- What Documents Do I Need to File for TPS?
- What is the Application Process for TPS?
- Maintaining Your TPS Status
- Can I Travel With TPS?
- What Happens If My TPS Application is Denied?
- How Does TPS Affect Other Immigration Options?
- Frequently Asked Questions About TPS
- Need More Help?
1. What is TPS Status?
Temporary Protected Status (TPS) is a temporary immigration benefit provided by the United States government to eligible nationals of designated countries (or parts of countries) who are already present in the U.S. This status is granted when conditions in their home country temporarily prevent them from returning safely. These conditions can include ongoing armed conflict, environmental disasters, or other extraordinary and temporary situations. According to the U.S. Citizenship and Immigration Services (USCIS), TPS beneficiaries are not removable from the United States, can obtain an Employment Authorization Document (EAD), and may be granted travel authorization.
1.1. Criteria for Country Designation
The Secretary of Homeland Security has the authority to designate a foreign country for TPS based on specific temporary conditions. These conditions include:
- Ongoing Armed Conflict: Such as civil war, which makes it unsafe for nationals to return.
- Environmental Disaster: Such as earthquakes or hurricanes, rendering the country uninhabitable.
- Epidemic: A widespread outbreak of infectious disease severely impacting the country.
- Other Extraordinary and Temporary Conditions: Circumstances that prevent the safe return of nationals.
1.2. Benefits of TPS
During the designated period, individuals with TPS status or those preliminarily eligible (prima facie eligible) receive several key benefits:
- Protection from Removal: They cannot be deported from the United States.
- Employment Authorization: They can obtain an Employment Authorization Document (EAD), allowing them to legally work in the U.S.
- Travel Authorization: They may be granted permission to travel outside the United States and return.
- Protection from Detention: DHS cannot detain them based on their immigration status.
1.3. Limitations of TPS
It’s important to understand that TPS is a temporary benefit. It does not lead to lawful permanent resident status (a Green Card) or any other permanent immigration status. However, having TPS does not prevent individuals 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 they may be eligible.
To be granted any other immigration benefit, you must still meet all the eligibility requirements for that particular benefit. Applying for TPS does not affect an application for asylum or any other immigration benefit, and vice versa. However, the reasons for denial of another application may also lead to denial of TPS.
1.4. Current Countries Designated for TPS
The list of countries designated for TPS can change, so it’s essential to stay informed. Check the USCIS website for the most up-to-date list and specific information for each country.
Alt Text: A world map highlighting countries designated for Temporary Protected Status (TPS) by USCIS.
2. Who is Eligible for TPS?
To be eligible for Temporary Protected Status (TPS), you must meet specific criteria set by USCIS.
2.1. Basic Eligibility Requirements
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 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.
- 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.
2.2. Continuous Physical Presence (CPP) and Continuous Residence (CR)
These are two critical requirements for TPS eligibility.
- Continuous Physical Presence (CPP): You must have been physically present in the U.S. since the effective date of the most recent TPS designation for your country. Brief, casual, and innocent departures may be excused.
- Continuous Residence (CR): You must have continuously resided in the U.S. since the date specified for your country’s designation. Similar to CPP, brief absences may be excused.
USCIS will consider the circumstances of any absences when determining eligibility.
2.3. Late Filing
There are specific conditions under which you can file for TPS late. These include:
- You were a nonimmigrant, granted voluntary departure status, or had any relief from removal during the initial registration period.
- You had a pending application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal.
- You were a parolee or had a pending request for re-parole.
- You are a spouse or child of someone currently eligible for TPS.
Meeting one of these conditions allows you to file late, but you must still meet all other eligibility requirements.
3. What are the Disqualifications for TPS?
Certain factors can disqualify you from receiving or maintaining Temporary Protected Status (TPS). It’s important to be aware of these potential issues.
3.1. Criminal History
You may NOT be eligible for TPS if you:
- Have been convicted of any felony in the United States.
- Have been convicted of two or more misdemeanors committed in the United States.
A felony is a serious crime punishable by more than one year in prison, while a misdemeanor is a less serious offense.
3.2. Inadmissibility
You may NOT be eligible for TPS if you:
- Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds.
This means that if you have certain criminal convictions, health issues, or have violated immigration laws, you may be deemed inadmissible and ineligible for TPS.
3.3. Asylum Bars
You may NOT be eligible for TPS if you are:
- Subject to any of the mandatory bars to asylum.
These bars include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity.
3.4. Failure to Meet Requirements
You may NOT be eligible for TPS if you:
- Fail to meet the continuous physical presence and continuous residence requirements in the United States.
- 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.
It is crucial to maintain continuous presence and residence in the U.S. and to re-register on time to keep your TPS status.
4. What Documents Do I Need to File for TPS?
When filing for Temporary Protected Status (TPS), it is crucial to include all necessary forms, evidence, fees, or fee waiver requests.
4.1. Required Forms
To register or re-register for TPS, you must file:
- Form I-821, Application for Temporary Protected Status: This is the primary form for applying for TPS. Eligible nationals of certain countries, or individuals without nationality who last habitually resided in those countries, can now file Form I-821 online. All applicants eligible to file for TPS under one of the current designations may file Form I-821 online.
- Form I-765, Request for Employment Authorization: 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 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. You may also file Form I-765 online if filing concurrently with Form I-821 online.
- Form I-601, Application for Waiver of Grounds of Inadmissibility: 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 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.
These forms are free and available on the forms section of the USCIS website at: www.uscis.gov/forms.
4.2. Essential Evidence
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.
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.
- The translation is true and correct to the best of his or her ability, knowledge, and belief.
4.3. Types of Evidence
Here’s a breakdown of the different types of evidence you can provide:
| Primary Evidence | – A copy of your passport; – A copy of your birth certificate, accompanied by photo identification; and/or – Any national identity document bearing your photograph and/or fingerprint issued by your country, including documents issued by your country’s Embassy or Consulate in the United States, such as a national ID card or naturalization certificate. |
|---|---|
| No Primary Evidence | If you do not have any of the primary evidence listed above, you must submit an affidavit with: – Proof of your unsuccessful efforts to obtain such documents; and – An explanation why the consular process for your country was unavailable to you, and affirming that you are a national of your country. USCIS may interview you regarding your identity and nationality, and you may also submit additional evidence of your nationality and identity then, if available. |
| Secondary Evidence | – Nationality documentation, such as a naturalization certificate, even if it does not have your photograph and fingerprint; – Your baptismal certificate if it indicates your nationality or a parent’s nationality; – Copies of your school or medical records if they have information supporting your claim that you are a national from a country designated for TPS; – Copies of other immigration documents showing your nationality and identity; or – Affidavits from friends or family members who have close personal knowledge of the date and place of your birth and your parents’ nationality. The person making the affidavit should include information about how he or she knows you or is related to you, and how he or she knows the details of the date and place of your birth and the nationality of your parents. The nationality of your parents is important if you are from a country where nationality is derived from a parent. |
4.4. Date of Entry and Continuous Residence Evidence
- Date of Entry Evidence: A copy of your passport, I-94 Arrival/Departure Record, or copies of documents specified in the “Continuous Residence (CR) Evidence” section.
- Continuous Residence (CR) Evidence: Employment records, rent receipts, utility bills, receipts or letters from companies, school records from the schools that you or your children have attended in the U.S., hospital or medical records concerning treatment or hospitalization of you or your children, or attestations by church, union or other organization officials who know you and where you have been residing.
4.5. Fees and Fee Waivers
There is a fee for Form I-821 if you are registering for TPS for the first time. There is no fee for Form I-821 if you are re-registering for TPS. Other related fees for initial registrations and re-registrations vary depending on:
- If you want an EAD.
- If you need to request a waiver of grounds of inadmissibility.
If you cannot afford the costs associated with the TPS filing, please make sure to include a fee waiver request on Form I-912, Application for Fee Waiver (or other written request).
5. What is the Application Process for TPS?
The application process for Temporary Protected Status (TPS) involves several steps.
5.1. Step 1: File Your Application
Prepare your TPS package with the necessary forms, evidence, and filing fees (or a request for a fee waiver). Send it to the address indicated on your TPS country page. Ensure you sign your application and include the correct fee amount (or a fee waiver request). These are common mistakes USCIS receives on TPS applications.
5.2. Step 2: USCIS Receives Your Application
USCIS will review your application for completeness and the proper fees or a properly documented fee waiver request. If your case meets the basic acceptance criteria, your application will be entered into the system, and you will receive a receipt notice.
5.3. Step 3: USCIS Contacts You
If USCIS needs to collect your photograph, signature, and/or fingerprints (biometrics), you will receive an appointment notice to have your biometrics captured at an Application Support Center (ASC). Every TPS applicant over 14 years old must have their biometrics collected.
5.4. Step 4: Go to the ASC
Bring the following to your ASC appointment:
- Evidence of nationality and identity with a photograph, such as a passport.
- Your receipt notice.
- Your ASC appointment notice.
- Your current EAD, if you already have one.
5.5. Step 5: USCIS Determines Work Eligibility
If you are applying for TPS for the first time and seeking an EAD, USCIS will review your case to determine whether you are eligible to work before making a final decision on your TPS application. If found eligible upon initial review (prima facie eligible), you will receive an EAD. If you are re-registering for TPS and seeking an EAD, you will receive your new EAD when your entire TPS package is adjudicated.
5.6. Step 6: USCIS Adjudicates the Application
During this phase, USCIS may ask for additional documents to establish your eligibility for TPS. If you receive a Request for Evidence (RFE) or a Notice of Intent to Deny, respond immediately to avoid processing delays and possible denial.
5.7. Step 7: USCIS Approves or Denies the Application
If your application is approved, USCIS will send you an approval notice and an EAD if you requested one. If your application is denied, USCIS will send you a letter indicating the reason for the denial and, if applicable, provide you with the opportunity to appeal the denial.
6. Maintaining Your TPS Status
Once granted, maintaining your Temporary Protected Status (TPS) requires adherence to specific guidelines.
6.1. Re-Registration
You must re-register during each re-registration period to maintain TPS benefits. This applies to all TPS beneficiaries, including those initially granted TPS by USCIS, an Immigration Judge, or the BIA. Follow the instructions above to apply for re-registration.
6.2. Employment Authorization Document (EAD) Extension
If you have and maintain TPS, you may receive an extension of your EAD:
- Through publication of a Federal Register notice extending the TPS designation of your country, if the Federal Register notice also authorizes an extension of existing EADs.
- Through notification of extension, typically when USCIS sends you a Form I-797, Notice of Action.
- Through the automatic EAD extensions announced through temporary final rules in May 2022 and April 2024.
6.3. Late Re-Registration
USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application. If you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization.
Alt Text: A person carefully signing their TPS re-registration application form.
7. Can I Travel With TPS?
Traveling outside the United States with Temporary Protected Status (TPS) requires obtaining prior authorization.
7.1. Travel Authorization
If you have TPS and wish to travel outside the United States, you must apply for travel authorization. If your request is approved, USCIS will issue you a Form I-512T, Authorization for Travel by an Alien to the United States, as evidence of DHS’s prior consent to your travel. Upon your return, a CBP officer will determine your eligibility for admission into TPS.
7.2. Advance Parole
If your application for TPS is still being adjudicated and you wish to travel, you must apply for travel authorization. If approved, USCIS will issue you a Form I-512L, Advance Parole Document, as evidence of DHS’s prior consent to your travel outside the United States.
7.3. How to Apply for Travel Authorization
To apply for TPS travel authorization or advance parole, you must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.
- If you are filing Form I-131 together with Form I-821, send your forms to the address listed 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.
Leaving the United States without obtaining prior travel authorization may result in the loss of your TPS status and inability to re-enter the United States.
7.4. Important Considerations
- While outside the United States, you may miss important USCIS notices, such as Requests for Additional Evidence. Failure to respond to these requests may result in the denial of your application.
- Review the travel warning on Form I-131 before requesting TPS travel authorization or advance parole.
- Consider seeking legal advice before requesting travel authorization.
8. What Happens If My TPS Application is Denied?
If your application for Temporary Protected Status (TPS) is denied, there are several steps you can take.
8.1. Understanding the Denial
USCIS will send you a letter indicating the reason for the denial. It is crucial to carefully review this letter to understand the specific reasons for the denial.
8.2. Appealing the Decision
The denial notice will inform you whether you have 30 days to appeal to the USCIS Administrative Appeals Office (AAO). If you do not have the right to appeal because you were placed in removal proceedings when your TPS application was denied, you can request that the immigration judge adjudicate your TPS application.
8.3. Motion to Reconsider
You may also choose to file a motion to reconsider with the Service Center that adjudicated your TPS application by submitting:
- Form I-290B, Notice of Appeal or Motion.
- A written statement explaining the reasons why you believe the denial was incorrect.
- Any additional evidence that supports your claim.
8.4. Seeking Legal Advice
It is highly recommended that you consult with an accredited legal representative to determine whether you should pursue an appeal or motion. If you have been placed in removal proceedings, you may request that the immigration judge adjudicate your TPS application. If an immigration judge denies your request for TPS, you may file an appeal with the BIA.
9. How Does TPS Affect Other Immigration Options?
Temporary Protected Status (TPS) is a temporary benefit and does not lead to lawful permanent resident status. However, it does not prevent you from pursuing other immigration options.
9.1. Applying for Other Immigration Benefits
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.
To be granted any other immigration benefit, you must still meet all the eligibility requirements for that particular benefit. Applying for TPS does not affect an application for asylum or any other immigration benefit, and vice versa. However, the reasons for denial of another application may also lead to denial of TPS.
9.2. Seeking Asylum
Being granted and maintaining TPS status until a reasonable period before filing an asylum application is considered an extraordinary circumstance for the purposes of the one-year filing deadline. In other words, having TPS status “stops the clock” on the requirement to file for asylum within one year of arriving in the United States, if the one-year clock has not already expired. See 8 CFR 208.4(a)(5)(iv).
9.3. Other Immigration Options
You might be eligible for other immigration options listed on the Explore My Options page.
To apply for a lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.
10. Frequently Asked Questions About TPS
| Question | Answer |
|---|---|
| What does TPS status mean? | TPS provides temporary immigration benefits to eligible nationals of designated countries who are present in the U.S. due to conditions in their home country that prevent safe return. |
| How long does TPS last? | TPS is a temporary benefit, typically granted for a period of 6, 12, or 18 months, and can be extended based on the conditions in the designated country. |
| Can I work in the U.S. with TPS? | Yes, if you are granted TPS, you are eligible to apply for an Employment Authorization Document (EAD), which allows you to work legally in the United States. |
| Can I travel outside the U.S. with TPS? | Yes, but you must apply for and receive travel authorization (Form I-131) before leaving the U.S. Failure to do so may result in the loss of your TPS status. |
| Does TPS lead to a Green Card? | No, TPS is a temporary benefit and does not directly lead to lawful permanent resident status (Green Card). However, it does not prevent you from applying for other immigration benefits for which you may be eligible. |
| What if my country’s TPS designation is terminated? | If the Secretary of Homeland Security terminates a country’s TPS designation, beneficiaries will be given a period of time to either depart the U.S. or apply for another immigration status if eligible. |
| Can I be deported if I have TPS? | No, individuals with TPS are protected from deportation as long as they maintain their eligibility and comply with all requirements. |
| How do I renew my TPS? | To renew your TPS, you must re-register during each re-registration period announced by USCIS. This typically involves filing Form I-821 and Form I-765 (if you want to renew your EAD). |
| What if I have a criminal record? | Having a criminal record can affect your eligibility for TPS. You may be ineligible if you have been convicted of any felony or two or more misdemeanors in the United States. |
| Can I apply for asylum while having TPS? | Yes, applying for TPS does not prevent you from applying for asylum or any other immigration benefit. Additionally, having TPS may positively affect your asylum application by pausing the one-year filing deadline. |
| What happens if I don’t re-register for TPS on time? | Failing to re-register for TPS on time without good cause can result in the loss of your TPS status and work authorization. It’s important to comply with all deadlines and requirements to maintain your benefits. |
| Is there a fee to apply for TPS? | There is a fee for Form I-821 if you are registering for TPS for the first time. There is no fee for Form I-821 if you are re-registering for TPS. However, you may need to pay a fee for the Employment Authorization Document (EAD), unless you qualify for a fee waiver. |
| Where can I find the most up-to-date information on TPS? | The most reliable source of information on TPS is the USCIS website (www.uscis.gov). You can find country-specific information, eligibility requirements, and filing instructions on the TPS section of the USCIS website. |
| Can children of TPS holders also get TPS? | Children of TPS holders do not automatically receive TPS. They must independently meet all eligibility requirements. However, being the child of a TPS holder may allow them to file for TPS late. |
| Does TPS affect my ability to adjust status in the future? | While TPS is not a direct path to a green card, it does not prevent you from applying for adjustment of status if you meet the eligibility requirements for another immigration category, such as through family sponsorship or employment. |
| What should I do if my address changes after applying for TPS? | If your address changes after you file your application, you must notify USCIS immediately. You can update your address online at www.uscis.gov/addresschange. |
| Can an immigration judge grant me TPS? | Yes, if an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted you TPS, you must provide USCIS with proof of the TPS grant when you file for your first TPS benefit. |
| What happens if I get married to a U.S. citizen while on TPS? | Marriage to a U.S. citizen does not automatically grant you a green card while on TPS. You would still need to be eligible for adjustment of status and meet all the requirements for obtaining a green card through marriage. |
| Can I apply for TPS if I entered the U.S. illegally? | Yes, you can apply for TPS even if you entered the U.S. illegally, as long as you meet all other eligibility requirements, including continuous physical presence and continuous residence in the U.S. |
| What is “good cause” for late re-registration? | “Good cause” for late re-registration can include circumstances such as serious illness, hospitalization, or other unavoidable situations that prevented you from filing on time. You must provide documentation to support your claim of good cause. |
| If my TPS is terminated, will I be deported immediately? | If your TPS is terminated, you will not be deported immediately. The Department of Homeland Security typically provides a wind-down period to allow individuals to either depart the U.S. voluntarily or seek another form of immigration status if eligible. |
11. Need More Help?
Navigating the complexities of Temporary Protected Status can be challenging. If you have questions or need assistance with your application, WHAT.EDU.VN is here to help. Our platform connects you with experts who can provide guidance and support throughout the process.
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