Temporary Protected Status (TPS) is a vital humanitarian-based immigration program that offers temporary relief to foreign nationals from designated countries experiencing ongoing armed conflict, natural disasters, or extraordinary conditions.
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These difficulties can prevent foreign nationals from returning safely, or deporting them may threaten their well-being and security.
If you are granted Temporary Protected Status, you’ll be protected from removal, granted employment authorization, and allowed to apply for travel abroad authorization.
They can also contribute to their communities in the United States without fear of deportation. This program is an essential lifeline for many people who would face significant danger if forced to return to their home countries.
What Determines Temporary Protected Status?
The Secretary of Homeland Security has the final say on granting a country TPS status.
When determining whether to designate a country or even a portion of a nation, DHS must confer with other federal departments, such as the Departments of State, Defense, or Justice.
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A country may be eligible for TPS designation if it is experiencing one or more of the following:
- An ongoing armed conflict: Examples include non-international armed conflict involving stateless actors like DAESH and internationalized armed conflict (civil war).
- Natural disasters: Broadly speaking, any natural disaster that severely impairs living circumstances, such as earthquakes, tsunamis, and epidemics. Transferring the person back to their country is frequently difficult since the infrastructure has been severely damaged.
- Extraordinary and temporary conditions: If, for reasons unrelated to those covered by the first two requirements, an applicant’s safety and security would be seriously jeopardized if they had to return to their home country, with the provision that the relevant US government agency determines that allowing them to remain would be against US national interest.
Eligibility for Temporary Protected Status
Any national of the country that has been granted Temporary Protected Status (TPS) or a stateless person who has been living in the United States for a long time may apply for TPS.
The status of someone who enters the country after the designation date cannot be determined. Meanwhile, the Temporary Protected Status of a country is typically granted for six, twelve, or eighteen months, although the Secretary of Homeland Security may decide to extend it for longer.
If the designation is “redesignated,” individuals from that country who arrived in the US after the first designation qualify to petition for the benefits.
If a country’s designation is extended, the status of TPS holders is extended until the next extension date. To qualify for TPS, you must:
- Be a national or a habitually stateless resident of a country with TPS.
- Be continuously physically present in the United States since a country’s TPS designation.
- Have continuously resided in the United States since a date specified by the Secretary of Homeland Security
- Pose no threat to the US for nefarious, criminal, or national security-related reasons, determined by the relevant US agency.
Countries Currently Under Temporary Protected Status
Countries and their Date of Potential Expiration
Afghanistan – Valid through May 20, 2025
Burma – Extended until November 25, 2025
Cameroon – Extended until June 7, 2025
El Salvador – Extended until March 9, 2025
Ethiopia – Extended until December 12, 2025
Haiti – Extended until February 3, 2026
Honduras – Extended until July 5, 2025
Nepal – Extended until June 24, 2025
Nicaragua – Extended until July 5, 2025
Somalia – Extended until March 17, 2026
South Sudan – Extended until May 3, 2025
Sudan – Extended until April 19, 2025
Syria – Extended until September 30, 2025
Ukraine – Valid through April 19, 2025
Venezuela – Extended until September 10, 2025
Yemen – Extended until March 3, 2026
Application Process for Temporary Protected Status
Required Forms
- Form I-821, Application for Temporary Protected Status: Fill out this form to apply for or renew TPS. You can submit it via the USCIS TPS webpage or that nation’s Federal Register (not Venezuela) address. The navigation of the USCIS TPS homepage for each country has information on how to file.
- Form I-765, Request for Employment Authorization (EAD): Form I-765 can be submitted when a person is granted TPS; it is not required to be filed with the TPS application. According to the USCIS website, filing Form I-765 concurrently with Form I-821 may, although unnecessary, “help you receive your EAD more promptly if you qualify.”
- Form I-601, Application for Waiver of the Grounds of Admissibility (only if applicable): This form must be submitted if an individual is deemed inadmissible to the United States but requests a waiver based on that ruling.
Supporting Documents
The following must be submitted with the TPS application. Do not send the original documents; send a copy of each.
1. Identity and Nationality Evidence
This verifies citizenship or long-term residency in a country granted TPS protection. Primary evidence is the best documentation to file, as outlined below.
USCIS will request more proof if it determines the evidence presented is insufficient. A copy of your passport, birth certificate with picture identification, and any other photograph-containing national identity document are also acceptable forms of proof.
Additionally, fingerprints from your home country and any documentation—like a national ID card or citizenship certificate—issued by the embassy or consulate of that country in the United States must be provided.
If none of the above proof is available, the following may be included in an affidavit:
- Evidence of attempts to get these records
- An explanation of why you were unable to proceed through the consular process and confirmation of your nationality or country of habitual residence if it has been designated as a TPS recipient
As part of the process, an interview may be scheduled, and other evidence may be provided during that time.
Some of the Secondary Evidence Includes:
- Documents proving nationality, such as a naturalization certificate, even if they lack a fingerprint and picture
- A baptismal certificate reveals a person’s nationality or, if they are a juvenile, the nationality of their parents.
- Copies of their academic or medical records, if any, to substantiate their claim to be a citizen of a nation eligible for temporary protected status
- Copies of further immigration documents attesting to identity and nationality
- Obtain affidavits from friends or relatives intimately familiar with the applicant’s birthdate, place of birth, and parent’s nationality. The affidavit should contain data about how they know the applicant, how they are linked to them, and how they are aware of personal information about the applicant, such as the applicant’s date and place of birth and parent’s nationality. If a candidate is from a nation where nationality is acquired through parentage, their parents’ nationality is required.
2. Date of Entry Evidence
This documentation is straightforward, proving when an applicant entered the United States. Acceptable evidence is:
- A copy of a passport
- I-94 Arrival/Departure Record
- Copies of documents specified in the “Continuous Residence (CR) Evidence” are defined below.
3. Continuous Residence (CR) Evidence
This documentation demonstrates that the applicant was living in the US at the time of their country of origin’s TPS approval. There are several examples, not the least of which is the list below.
The guidelines on Form I-821 provide a comprehensive inventory.
- Employment histories
- Utility bills, rent receipts, business correspondence, or other receipts
- School records from US schools attended by the applicant or their children
- Hospital or medical records about your or your children’s treatment or hospitalization
- Attestations from representatives of the applicant’s church, union, or other group.
Relevant Fees
Several costs are associated with applying for TPS for the first time. Form I-821 is free if you are re-registering. A money order, personal check, or cashier’s check made payable to the US Department of Homeland Security may be used to cover fees.
USCIS Lockbox facilities accept credit cards made on Form G-1450, Authorization for Credit Card Transactions.
The cost of Form I-821 varies based on multiple variables and includes extra expenses for Form I-765. I-601 is available for $1050. Form I-912, Application for Fee Waiver (or other written request), can be used by those who cannot pay fees to request a fee waiver.
If an applicant’s fee waiver request is denied, they may re-file and pay the correct fees before the registration deadline or within 45 days of the date on the denial notice.
Termination of Temporary Protected Status
Temporary Protected Status is not a permanent immigration, and the US government may terminate it under certain circumstances.
Terminating TPS for a specific country can have significant implications for its beneficiaries. Here are some key points to understand about TPS termination:
Reasons for TPS Termination: The US government may terminate TPS for a designated country if it determines that the conditions that led to the original designation no longer exist.
This could be due to improved safety, political stability, or other factors that eliminate the need for TPS protection.
Notice of TPS Termination: When the Department of Homeland Security (DHS) decides to terminate TPS for a specific country, it will publish a notice in the Federal Register at least 60 days before the termination becomes effective.
TPS beneficiaries should pay close attention to these announcements and be prepared to take appropriate action.
Frequently Asked Questions
Can I apply for a green card if I have temporary protected status?
Being in the US on TPS doesn’t automatically mean you can apply for a green card. Still, you may qualify for permanent residency through an alternative route, such as marrying a US citizen or permanent resident.
Is TPS the same as seeking asylum?
Not anyone can apply for Temporary Protected Status (TPS) in the US, only citizens of specific recognized countries are eligible to do so. Should asylum be granted, you might be qualified to apply for permanent residence.
How long does TPS last?
Although TPS needs more time to last, the Secretary of Homeland Security often announces a deadline.
Can I travel if I have TPS?
You can, but before you leave the US, you must submit Form I-131, the Application for Travel Document.