Temporary Protected Status (TPS)
We can help determine if you qualify for TPS or are eligible to obtain a green card through another provision of law, while on temporary protected status.
Schedule a consultation with one of our immigration attorneys.
What is TPS?
TPS is a humanitarian program in the United States designed to provide temporary relief from deportation and work authorization to nationals of certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions.
The U.S. Secretary of Homeland Security designates countries for TPS based on careful consideration of these conditions, allowing affected individuals already in the U.S. to remain legally until the situation in their home country improves. TPS does not lead directly to permanent residency or citizenship, but it offers vital protection and stability for individuals during crises in their home countries.
Am I eligible for TPS?
You are eligible for temporary protected status if you meet all of the following requirements:
-Are a national of a country designated for temporary protected status, or a person without nationality who last habitually resided in the designated country.
-File during the open registration or re-registration period or you meet the requirements for late initial registration regardless of whether there is currently an open registration or re-registration period.
-Have been continuously physically present in the United States since the most recent designation date of your country.
-Have been a continuous resident in the United States since the date specified for your country.
-Have not been convicted of any felony or two or more misdemeanors in the United States.
-Are not a persecutor, or otherwise subject to one of the bars to asylum.
-Are not subject to one of the criminal or security-related grounds of inadmissibility for which a waiver is not available.
-Have met all the requirements for temporary protected status registration or re-registration as specified for your country
How do I apply for TPS?
To request temporary protected status you must submit two forms: I-821 and I-765. The I-821 form is the application for temporary protected status. It must be filed during the time that your homeland is considered a designated country. The I-765 form is an employment authorization request.
When filing an initial temporary protected status application, you must submit evidence of:
-Identity and nationality: to demonstrate your identity and that you are a national of a country designated for TPS.
-Date of entry into the United States.
-Continuously residing (CR) evidence to demonstrate that you have been in the United States since the CR date specified for your country.
It is essential to keep in mind that a country’s Temporary Protected Status is usually for 6, 12, or 18 months, which the Secretary of Homeland Security may extend. In redesignation, an individual who came to the United States after the original designation may apply for the protections. If a TPS designation of a country is extended, the status of those people who currently hold TPS is extended as well.
When seeking legal representation and advice, it is crucial to look for extensive experience in handling TPS cases. Our immigration attorneys have represented clients with all sorts of immigration issues, including TPS. We can help you determine your possible options and decide the best course of action.
Let our experienced immigration attorneys guide you through the TPS process.
Frequently Asked Questions
The sixteen countries designated as of the date of this advisory are: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen. Countries designated for TPS are subject to change as designations may be added or terminated. USCIS updates information regarding TPS designations on its website.
Dual nationality is not necessarily a bar to TPS if the applicant is able to prove that he or she is a national of a TPS designated country or is a person without any nationality who last habitually resided in a TPS designated country.
A noncitizen is ineligible for TPS if he or she was “firmly resettled in another country prior to arriving in the United States.” INA § 208(b)(A)(vi). Whether a noncitizen has received an offer of firm resettlement is a complex analysis and is highly case specific.
A noncitizen is ineligible for TPS if he or she was “firmly resettled in another country prior to arriving in the United States.” INA § 208(b)(A)(vi). Whether a noncitizen has received an offer of firm resettlement is a complex analysis and is highly case specific.
Yes. INA § 244(a)(5) provides that TPS cannot be denied on the basis of the applicant’s immigration status, and a grant of TPS is not inconsistent with a grant of nonimmigrant or other status. Thus, someone in valid nonimmigrant status may apply for and be granted TPS. However, to continue to maintain nonimmigrant status while simultaneously holding TPS, the person must remain eligible for both statuses.
Yes. Applying for TPS, or being granted TPS, does not affect a pending asylum application. However, affirmative asylum applicants should consider their preferred strategy in the event that their asylum application is not granted by USCIS.
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