What is Temporary Protected Status?
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries. TPS beneficiaries will not be required to leave the United States and may obtain work authorization for the initial TPS period and for any extensions of the designation.
TPS does not lead to permanent resident status. When the Secretary of Homeland Security (Secretary) terminates a TPS designation, beneficiaries will return to the same immigration status they had before TPS (unless that status has expired or has been terminated) or to any other status they may have been granted while in TPS.
The Secretary may designate a country for TPS when he determines, after consulting with appropriate government agencies, that:
- There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety;
- The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation; or
- There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Secretary finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the United States.
For a list of TPS-designated countries, contact our U.S. immigration attorney now for a FREE consultation.
How long is TPS valid for?
A TPS designation will be effective for a minimum of 6 months and a maximum of 18 months. Before the end of the TPS designation period, the Secretary will review the conditions in the designated state and determine whether the conditions that led to the TPS designation continue to be met. Unless a determination is made that those conditions are no longer met, the TPS designation will be extended for 6, 12, or 18 months. If the conditions that led to the TPS designation are no longer met, the Secretary will terminate the TPS designation.
Designations, extensions, terminations and other documents regarding TPS are published in the Federal Register. It is important that you apply correctly and seek qualified legal counsel during your immigration journey. If you need assistance in obtaining TPS and in moving forward with your immigration goals, please contact our experienced immigration attorneys at our Los Angeles law firm. At JCS Immigration and Visa Law Office,we are dedicated to meeting all of your immigration need.
Am I Eligible for TPS?
You may be eligible to apply for temporary protected status if:
- You are a national of a country designated for TPS. (You may also be eligible if you are a person who has no nationality but last habitually resided in a designated country.) Please see our list of countries designated for temporary protected status.
- You apply for TPS during the specified registration period. The registration period is stated in Federal Register notices of designation and is also generally noted in USCIS press releases. For specific Federal Register notice cites, please see our list of countries currently designated for temporary protected status.
- You have been continuously physically present in the United States since the TPS designation began, or since the effective date of the most recent re-designation. For dates of specific country designations, please see our list of countries designated for temporary protected status.
- You have continuously resided in the United States since the date specified in the Federal Register notice of designation. This date may be different than the effective date of the TPS designation.
- You are admissible as an immigrant and are not otherwise ineligible for TPS.
How Do I Apply for Temporary Protected Status?
If you are applying for TPS for the first time, you must submit an Application for Temporary Protected Status to USCIS and submit a filing fee, supporting evidence of identity and nationality, proof of residence, and, if you are age 14 or older, a fee for biometric services. If you are between the ages of 14 and 65 and want employment authorization, you should also complete and submit an Application for Employment Authorization to USCIS with the appropriate fee. Applicants who already have or do not wish to receive employment authorization still must submit a different USCIS Form. If you are over the age of 14, you will be called by the USCIS for biometrics after you send in your application.
If you are granted TPS, you must re-register with the USCIS for each period that your TPS benefits are extended. To re-register, you must complete and submit two separate applications and any applicable fees to USCIS during the period stated in the Federal Register notice of extension of the TPS designation. If you do not re-register each period, your TPS may be withdrawn.
This is a very time sensitive application and you want to make sure that you are submitting the correct paperwork and fees to USCIS. If you need any help in applying to re-register for TPS, please feel free to call or email our experienced Los Angeles Immigration attorneys for a free initial consultation!
Will I Get a Work Permit with TPS?
If your TPS application is approved, you will receive work authorization (if requested). At the same time you apply for temporary protected status, you must submit USCIS Form Application for Employment Authorization and the appropriate fee to apply for a work permit. Applicants who already have or do not wish to receive employment authorization still must submit a completed USCIS form but without the required fee. If you have any questions or concerns about obtaining a work permit, please call or email our Los Angeles immigration lawyers. Our experienced immigration and visa attorneys are ready to help you today!
May I Travel Outside the United States with TPS?
An individual granted TPS must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad, though permission to travel may be granted by the district director in accordance with the advance parole regulations. There is no appeal to a denial of advance parole. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings.
Read more about TPS travel documents here.
How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. If you retained an immigration lawyer, he or she can contact USCIS and keep you up to date.
If I Am Denied TPS, May I Appeal?
If your application for TPS is denied, you will receive instructions telling you whether or not you are allowed to appeal the decision. Instructions on how to appeal will be included in the notice of denial. If you need more information, we offer a free and confidential initial consultation.