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Temporary Protected Status (TPS): What It Is and How to Apply

Temporary Protected Status (TPS) is a vital legal protection for individuals from countries experiencing crises, allowing them to live and work in the U.S. without the threat of deportation. This blog post outlines the eligibility requirements, application process, and benefits of TPS, ensuring that you understand your rights and options. If you need assistance, consider searching for an "attorney near you" to navigate the complexities of TPS effectively.

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Temporary Protected Status (TPS): What It Is and How to Apply
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Temporary Protected Status (TPS) is a vital legal protection for individuals from countries experiencing crises, allowing them to live and work in the U.S. without the threat of deportation. This blog post outlines the eligibility requirements, application process, and benefits of TPS, ensuring that you understand your rights and options. If you need assistance, consider searching for an "attorney near you" to navigate the complexities of TPS effectively.
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Discover what Temporary Protected Status (TPS) is, who qualifies, and how to apply in this comprehensive guide. Learn about the benefits of TPS and the steps to renew your status. If you need assistance, find an experienced attorney near you to help with your TPS application process.
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Temporary Protected Status (TPS): What It Is and How to Apply

For individuals from countries facing armed conflict, environmental disasters, or other extraordinary conditions, Temporary Protected Status (TPS) provides a legal lifeline. TPS allows eligible individuals to live and work legally in the United States without fear of deportation while conditions in their home country remain unsafe.
This guide covers:
  • What TPS is and who qualifies
  • How to apply for TPS (step-by-step process)
  • What benefits TPS provides
  • How to renew TPS and what happens if it ends
  • The difference between TPS, asylum, and other forms of immigration relief
If you or a loved one are from a TPS-designated country, understanding your rights and how to apply can help you maintain legal status in the U.S.
 
💡 For every post in this series, scroll down to “Related Posts.”

What Is Temporary Protected Status (TPS)?

Definition of TPS

Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of certain countries that are experiencing:
  • Ongoing armed conflict (such as civil war)
  • Environmental disasters (such as hurricanes, earthquakes, or epidemics)
  • Other extraordinary and temporary conditions that make returning unsafe
TPS is not a path to permanent residency or citizenship, but it allows beneficiaries to:
  • Live legally in the U.S. while TPS is active
  • Apply for a work permit (Employment Authorization Document – EAD)
  • Request permission to travel abroad with advance parole
  • Be protected from deportation

Who Designates TPS Countries?

The Secretary of Homeland Security designates countries for TPS based on conditions that prevent safe return. Countries may be granted initial designations or extensions depending on the situation.

Who Qualifies for TPS?

To be eligible for TPS, an applicant must:
  1. Be a national of a designated TPS country (or a person without nationality who last resided in that country).
  1. Have been continuously present in the U.S. since the TPS designation date.
  1. Have continuously resided in the U.S. since the date specified in the TPS designation.
  1. File for TPS within the designated registration period (or meet late-filing exceptions).

Who Is Not Eligible for TPS?

You may be ineligible if you:
  • Have certain criminal convictions (such as felonies or multiple misdemeanors in the U.S.).
  • Have engaged in terrorist activities.
  • Are inadmissible for other reasons, such as immigration fraud.
  • Have failed to meet the continuous residence or physical presence requirements.
If you have a criminal record, consult an immigration attorney before applying.

How to Apply for TPS: Step-by-Step Guide

Step 1: Check Your Country’s TPS Designation

Before applying, confirm that your home country is designated for TPS and that you meet the eligibility criteria. The U.S. Citizenship and Immigration Services (USCIS) website lists current TPS-designated countries and registration deadlines.

Step 2: Gather Required Documents

To apply for TPS, you will need:
  1. Proof of Identity and Nationality
      • Passport
      • Birth certificate with photo ID
      • National identity document (issued by your home country)
  1. Proof of Continuous Residence in the U.S.
      • Rental agreements, utility bills, school records, or medical records
      • Employment records, bank statements, or tax filings
  1. Proof of Physical Presence in the U.S.
      • Entry stamps, travel records, or affidavits from credible witnesses

Step 3: Complete and Submit Form I-821 (Application for Temporary Protected Status)

  • File Form I-821, Application for Temporary Protected Status through USCIS.
  • Pay the required fees (or apply for a fee waiver).
  • If applying for work authorization, submit Form I-765, Application for Employment Authorization with your TPS application.
Important: If this is your first TPS application, you must attend a biometrics appointment for fingerprinting and background checks.

Step 4: Attend Biometrics Appointment (If Required)

After submitting your TPS application, USCIS will schedule a biometrics appointment where they will:
  • Take your fingerprints and photograph
  • Conduct an FBI background check

Step 5: Wait for USCIS Decision

USCIS will review your application and may:
  • Approve your TPS status, allowing you to stay in the U.S. legally.
  • Request additional evidence if your documents are incomplete.
  • Deny your application (you may have appeal options).
Processing times vary but can take several months.

What Benefits Does TPS Provide?

While TPS is not a pathway to a green card or citizenship, it offers important legal protections:
  • Work Authorization (EAD) – TPS holders can apply for an Employment Authorization Document (EAD), which allows them to work legally in the U.S.
  • Protection from Deportation – Individuals with TPS cannot be deported while their status is active.
  • Ability to Travel Abroad – With advance parole, TPS holders can travel internationally and return legally.

How to Renew TPS

TPS is temporary, but it can be extended by the U.S. government for designated countries. If your country’s TPS is renewed, you must reapply to maintain your legal status.

Steps to Renew TPS:

  1. Check USCIS Announcements – If your country’s TPS is renewed, USCIS will provide new application deadlines.
  1. Reapply with Form I-821 – You must submit a new TPS application before the renewal deadline.
  1. Renew Work Authorization (if needed) – If you have an EAD, file Form I-765 to continue working legally.
  1. Attend a Biometrics Appointment (if required).
If you fail to reapply, your TPS protection and work authorization will expire.

What Happens If TPS Ends?

If TPS is terminated for your country, you may have limited options:
  1. Adjust Your Status – If eligible, you may apply for a green card through family sponsorship or another legal pathway.
  1. Seek Asylum or Other Humanitarian Relief – If you fear persecution, you may apply for asylum before TPS ends.
  1. Request Voluntary Departure – If no other options are available, leaving voluntarily may help avoid penalties for future immigration applications.

TPS vs. Asylum: What’s the Difference?

Feature
Temporary Protected Status (TPS)
Asylum
Purpose
Protects individuals from unsafe conditions in their home country
Protects individuals fleeing persecution
Requires Fear of Persecution?
No
Yes
Work Authorization?
Yes
Yes
Path to Green Card?
No direct path
Yes, asylum leads to permanent residency
Can Travel Outside the U.S.?
Yes, with advance parole
Yes, with a refugee travel document
For those fearing persecution, asylum may be a better long-term option than TPS. Learn more about asylum in Seeking Asylum in the U.S.: A Step-by-Step Guide.

Conclusion

Temporary Protected Status (TPS) is a crucial relief program for individuals from countries facing crises, allowing them to stay, work, and live legally in the U.S. However, TPS is temporary and must be renewed regularly.

Key Takeaways:

  • Check if your country is designated for TPS before applying.
  • File Form I-821 and Form I-765 for protection and work authorization.
  • Reapply for TPS renewals to maintain legal status.
  • Explore other immigration options in case TPS ends.
If you need legal help with your TPS application, ReferU.AI connects you with experienced immigration attorneys who can assist you. Apply on time and protect your future.

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