Temporary Protected Status: Explanation, Eligibility, and Application Process

This guide provides an overview of what Temporary Protected Status is, who is eligible, and how to apply.

If you have any questions about TPS, or would like to hire an attorney to go through the process with you, please reach out or schedule a consultation!

What is Temporary Protected Status?

When there are conditions in a country that temporarily prevent people returning safely to that country, or, if the country isn't able to handle the return of it's nationals adequately, The Secretary of Homeland Security may designate it for Temporary Protected Status (TPS.)

When a country is designated for TPS, nationals of that country, or people without a nationality that last resided in that country, can be granted TPS if they are already in the US. 

TPS allows these people to stay and work in the US on a temporary basis.  It does not lead to a Green Card or any other permanent status, but it does not prevent people from applying for another type of immigration status if they are eligible.

Who is eligible?

To be eligible for TPS, you must:

• Be a national of a country designated for TPS (or someone without nationality that last habitually resided in the designated country)

• File during the registration period (unless you meet certain requirements for a late filing)

• Have been continuously physically present in the US since the effective date of the most resent designation date for your country (with exception for brief, casual, and innocent departures from the US)

• Have been continuously residing in the US since the date specified for your country (with exception for brief, casual, and innocent departures from the US)

You may not be eligible for TPS if you:

• Have been convicted of any felony or 2+ misdemeanors committed in the US

• Are found inadmissible to the US

• Are subject to any of the mandatory bars to asylum, such as participating in the persecution of another individual or engaging in or inciting terrorist activity

• If granted TPS, you fail to re-register when required without good cause

At the time of this post, the countries currently designated for TPS are:

• Afghanistan

• Burma (Myanmar)

• Cameroon

• El Salvador

• Haiti

• Honduras

• Nepal

• Nicaragua

• Somalia

• Sudan

• South Sudan

• Syria

• Ukraine

• Venezuela

• Yemen 

How do you apply? 

Step 1: File Form I-821 with Accompanying Evidence and Fees

The first step is to file Form I-821, Application for Temporary Protected Status, which is now available to file online. You may also request employment authorization by filing Form I-765 along with the I-821, or at a later date. If you are aware that you may be considered "inadmissible," you can request a waiver by including form I-601.  All of these forms are found on the USCIS website.

Evidence to Submit

When filing an initial TPS application, you must submit evidence of:

• Identity and Nationality

• Date of Entry

• Continuous Residence

For more information about what documents you may submit as evidence, see this page of the USCIS website, under "what to file."

Make sure any documents not in English are accompanied by a complete English translation.  The translator must certify that they are competent in both English and the foreign language used in the original document, and that the translation is true and correct to the best of their ability, knowledge, and belief.

Don't forget to sign the application and include the correct fees (or a fee waiver request,) as these are some of the most common mistakes people make.

You should receive a receipt notice from USCIS within 3 weeks of filing, but if you don't, you can call the USCIS Contact Center at 1-800-375-5283 to request assistance.

Step 2: Biometrics Appointment

Every TPS applicant over the age of 14 will receive notice of an appointment to have their fingerprints, photograph, and signature taken at an Application Support Center.  This is called the biometrics appointment. When you go to your appointment, bring evidence of your nationality and identity with a photograph of you (such as a passport,) your receipt notice, your biometrics appointment notice, and your current Employment Authorization Document (EAD,) if you already have one. 

Step 3: Receive a Decision

After your biometrics appointment, USCIS will adjudicate your application and may ask you for additional documents or information.  Then, if your application is approved, you will receive an approval notice.  If you requested an EAD and have yet to receive it, it will be included with the approval notice. If you are denied TPS, USCIS will send you a letter telling you why you were denied, and if applicable, provide you with the opportunity to appeal the denial.

If you have any questions, or would like to hire a licensed attorney to file your application, please reach out!  Hope Immigration is here for you.