Temporary Protected Status
Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and protection from deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation.
Designation for TPS
A country may be designated for TPS for one or more of the following reasons:
- An ongoing armed conflict, such as a civil war, that poses a serious threat to the personal safety of returning nationals.
- An environmental disaster, such as an earthquake, hurricane, or epidemic, that results in a substantial but temporary disruption of living conditions, and because of which the foreign state is temporarily unable to adequately handle the return of its nationals; or
- Extraordinary and temporary conditions in the foreign state that prevent its nationals from returning to the state in safety (unless the U.S. government finds that permitting these nationals to remain temporarily in the United States is contrary to the U.S. national interest).
Length of TPS Designations
A TPS designation can be made for 6, 12, or 18 months at a time. At least 60 days prior to the expiration of TPS, the Secretary must decide whether to extend or terminate a designation based on the conditions in the foreign country. Decisions to begin, extend, or terminate a TPS designation must be published in the Federal Register. If an extension or termination decision is not published at least 60 days in advance of expiration, the designation is automatically extended for six months. The law does not define the term “temporary” or otherwise limit the amount of time for which a country can have a TPS designation.
Countries Currently Designated for TPS
As of April 2024, the following 16 countries were designated for TPS, and the designations have not expired:
Eligibility for TPS
In order to qualify for TPS, an individual must:
- Be a national of the foreign country with a TPS designation (or if stateless, have last habitually resided in a country with a TPS designation).
- 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
- Be continuously physically present in the United States since the effective date of the most recent designation of your country.
- Have continuously resided in the United States since a date specified by the Secretary of Homeland Security; and
- Not be inadmissible to the United States or be barred from asylum for certain criminal or national security-related reasons, such as individuals who have been convicted of any felony or two or more misdemeanors.
Nationals of a designated country do not automatically receive TPS, but instead must register during a specific registration period and pay significant fees. In addition, an individual’s immigration status at the time of application for TPS has no effect on one’s eligibility, nor does the previous issuance of an order of removal.
Fees and Filing Requirements
Applicants must submit the required forms, fees, and supporting documents as per USCIS guidelines. To register or re-register for TPS you must file Form I-821, Application for Temporary Protected Status. 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.
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 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. You may also file Form I-765 online if filing concurrently with Form I-821 online.
When you apply, if you are aware that a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS, include a Form I-601, Application for Waiver of Grounds of Inadmissibility, with your TPS application package.
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). Visit What to File in https://www.uscis.gov/humanitarian/temporary-protected-status for more information about evidence.
Please visit the country-specific links above to find information on where to submit the required documents and fees.
TPS Application and Extension Process
An individual who is eligible for TPS must register by submitting an application to USCIS. If a person demonstrates eligibility and USCIS grants TPS, that person receives temporary protection from deportation and temporary authorization to work in the United States.
As the initial TPS designation period expires, USCIS may extend TPS for eligible countries if conditions in the home country continue to warrant it. Current beneficiaries must apply for these extensions during specific periods. Extension applications are similar to initial applications and require evidence of continued eligibility.
Maintaining TPS
Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits. This applies to all TPS beneficiaries, including those who were initially granted by USCIS, an Immigration Judge, or the BIA. Follow the instructions above to apply for re-registration.
Travel
If you have TPS and wish to travel outside the United States, you must apply for travel authorization. If USCIS approves your request, it will issue you a Form I-512T, Authorization for Travel by a Noncitizen to the United States, to serve as evidence of the Department of Homeland Security’s prior consent to your travel outside the United States. If a U.S. Customs and Border Protection (CBP) officer determines that you are eligible, they will admit you into TPS upon your return.
If USCIS is still adjudicating your application for TPS and you wish to travel, you must still apply for travel authorization. If USCIS approves your request for travel authorization, it will issue you a Form I-512L, Advance Parole Document (APD), for evidence of the Department of Homeland Security’s prior consent to your travel outside the United States.
To apply for TPS travel authorization or advance parole, you must file Form I-131, Application for Travel Document and select type 1.d in Part 2 Application Type. If you are filing Form I-131 together with Form I-821, send your forms to the address listed for your country, which you can find in the country-specific information. 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.
Disclaimer: Immigration laws and policies can change, affecting the availability and requirements of the immigration processes mentioned above. Always seek legal advice or consult official U.S. government sources to understand the latest regulations and options available to individuals.