Are You Out of Status? Can You Get Temporary Protected Status?

What is TPS?

The Secretary of Homeland Security designates countries with Temporary Protected Status when civil war, natural disasters, and the like make it difficult for nationals from those countries from returning home safely. Nationals from those countries already in the U.S. and meet certain criteria can apply for Temporary Protected Status.

What are the benefits?

Individuals with Temporary Protected Status will be able to get employment authorization, get travel authorization, and are protected from deportation. Once an individual gets TPS, he or she can apply for nonimmigrant status, file for adjustment of status based on an immigrant petition, or for any other immigration benefit he or she may be eligible for.

Which countries have been granted TPS?

Qualifications

  • Be a national of a country designated for TPS, or last habitually resided in the designated country if the applicant does not have a nationality;
  • File during the open initial registration or re-registration period
  • Be continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
  • Have been continuously residing (CR) in the United States since the date specified for your country.
  • Have not been convicted of any felony or two or more misdemeanors committed in the United States
  • Are not found inadmissible as an immigrant under applicable grounds, including non-waivable criminal and security-related grounds

Steps

  1. File Form I-821, Application for Temporary Protected Status
  2. If there are grounds for ineligibility, the applicant can file for a waiver:  Form I-601, Application for Waiver of Grounds of Inadmissibility at the same time
  3. USCIS will send the applicant a receipt notice. At the top of the notice, there is a receipt number that can be used to check the status of the case online.
  4. The applicant will be contacted by USCIS to attend an appointment at an application support center for biometric information collection.
  5. If the applicant is applying for employment authorization, the USCIS will process that application.
  6. The TPS application will be decided. If denied, and if applicable, the USCIS will send the applicant information on how he/she can appeal the denial.

Documents

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).

Cost

FormCost
I-821, TPS Application$50
Biometrics$85
I-765, Employment Authorization$410
$545
For ages 14-65

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