Imagine leaving your home country due to a natural disaster, civil war or political unrest and then arriving in the United States with nothing but uncertainty. For many, Temporary Protected Status (TPS) offers a lifeline — the ability to legally stay in the United States until their home country recovers.

So how do you qualify for TPS? What countries are eligible, and what is the application process actually like? Let’s break down everything you need to know about this immigration program, and how it could make all the difference in the world for those who need it most.

What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is a humanitarian program in the U.S. that provides temporary legal status to individuals from countries designated by the U.S., allowing them to live in the U.S. while extraordinary conditions within the respective countries prevent the safe return of their nationals.

These can include ongoing armed conflicts, environmental disasters and other events, like pandemics or authoritarian interruptions.

TPS is not an avenue to permanent residency or citizenship; it only provides temporary relief for those who cannot safely return to their country of origin.

Key Features of TPS:

Temporary Status: TPS is a temporary solution only; it is usually granted for periods of 6 to 18 months but can be extended indefinitely, as long as your country of origin is still too dangerous.

Work Authorization: TPS beneficiaries can also obtain work authorization during the status, and upon being approved for TPS, can obtain work permits for the period in which they are granted TPS.

Travel restrictions: TPS recipients may not travel outside the U.S. without pre-approved travel. Authorization Travel to TPS-designated countries without authorization may result in loss of status.

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Who Is Eligible for Temporary Protected Status (TPS)?

Though the qualifications for TPS applicants are mostly the same, there are some differences depending on a person’s country of origin. Here are a few of the most common requirements:

Nationality:

You must be a citizen of a country whose nationals the U.S. government has currently designated for TPS. You can’t apply for TPS unless your country has been designated. The government periodically reviews and updates the list of designated countries.

Continuous Physical Presence:

You must have been continuously lived in the U.S. since the date TPS was designated for your country. This will include showing proof of your physical presence in the country during that time frame, including records of your immigration, tax filings or other paperwork that proves you were living in the United States continuously, according to U.S. Citizenship and Immigration Services (USCIS).

Criminal History:

U.S. law bars people with felony convictions — and some multiple misdemeanor convictions — from qualifying for TPS. And applicants who have committed particular immigration violations — including reentering the United States illegally after deportation — would be barred.

Waivers

In some instances, applicants with certain criminal histories may qualify for a waiver. These waivers are not automatic for all applicants, and so applicants might need some legal assistance to explore this option further.

Application Period

You can apply if you are from a TPS-designated country during specified time period The U.S. government provides a specific registration period for each TPS designation. If you miss the deadline, you may be ineligible to apply for TPS and your application could be denied.

Countries

Whether the U.S. government designates a country for TPS depends on certain conditions that would endanger nationals of that country if they returned home. This can change depending on how things unfold in each country. Below are some of the countries currently granted TPS-

El Salvador

Reasons for Designation: Continued violence and gang activity, as well as natural disasters, such as earthquakes and hurricanes, have rendered the country unsafe for many of its residents.

Haiti

Reasons for Designation: Political instability, earthquakes and hurricanes and continuing economic woes have made Haiti a country of long-term TPS designation.

Honduras

Reasons for Designation: Honduras is no stranger to violence, gang activity and the impact of climate change and like El Salvador, that makes this one ravaged Central American country an ideal candidate.

Nepal

Reasons for Designation: The 2015 earthquake devastated large parts of the region, and Nepal has yet to fully recover from the aftermath.

Syria

Reasons for Designation: Syria is unsafe for its people after years of civil war and violence, combined with massive destruction.

Venezuela

Reasons for Designation: Venezuela is in the midst of a profound political and economic crisis that has led to mass displacement and suffering.

Yemen

Reasons for Designation: The country has been in a civil war and there is a lot of widespread violence and humanitarian crises.

Somalia

Reasons for Designation: Somalis have long endured armed skirmishes, internal dislocation, droughts and famine, leaving large numbers of its citizenry displaced and undernourished.

South Sudan

Reasons for Designation: Conflict, famine and displacement from civil war have made South Sudan one of the most dangerous places in the world for its people.

All these countries are TPS-eligible due to extraordinary conditions that would make returning dangerous.

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How to Apply for Temporary Protected Status: Step-by-Step Guide

Step 1: Verify Your Eligibility

Country Designation: Confirm that your country is currently designated for TPS. For the most recent list of designated countries, check the official U.S. Citizenship and Immigration Services (USCIS) website.

Verify Your Individual Eligibility: Ensure that you meet all the criteria described above for TPS.

Step 2: Fill in the Application Forms

You must fill the Form I-821. It requests personal information, details of your entry into the U.S. and your uninterrupted physical presence in the country.

If you want to be able to work in the U.S. with TPS status, you will also need to file this form along with Form I-821. Applying for a work permit is mandatory.

Step 3: Collect Supporting Documentation

Evidence of Nationality: You will need to submit evidence of nationality from a TPS country. This can be a birth certificate, passport, national identity card or other official documents issued by your country.

Proof of Continuous Residence and Physical Presence: Submit documents showing you have remained physically present in the U.S. since the TPS designation of your country. These could be immigration records, rent receipts, utility bills, tax returns or medical records, she said.

Identity Documents: You must submit copies of identity documents, including a government-issued ID or a passport (if applicable).

Step 4: Apply

Submit to USCIS: Mail your filled forms and all supporting documents to the relevant USCIS address. Ensure you verify the filing instructions for specific actions as per your country of origin.

Pay the application fee: Fees to file TPS applications vary, so check the USCIS website for the current fee schedule. There might also be waivers for those not able to pay.

Step 5: Biometrics(If applicable)

Fingerprinting: USCIS will often ask you to attend a biometrics appointment so you can have your fingerprints taken — along with a photo — to be used in a background check. This is a typical part of the process, and it helps us check on your suitability.

Processing: USCIS will process your application and review supporting documents, which usually takes months. They might request further details or choose to interview the applicant during this process.

Notice of Approval or Denial: After making a decision, USCIS will send you a notice. If granted, you will receive TPS as well as a work permit if eligible. If your application gets rejected, you can always appeal the decision or ask for a review if applicable.

Step 7: Maintain TPS Status

Re-registration: TPS is for a limited time period, most often between 6 and 18 months. To maintain your status, you must complete the re-application process during each respective re-registration period. Make sure you file the right paperwork to renew your status by the deadline.

All of these steps will give your readers an in-depth, clear guide to applying for TPS. It can make the process a little tricky, but as long as you follow the steps provided, you will maximize your chances of succeeding.

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What are the Benefits of Temporary Protected Status (TPS)?

TPS provides several significant benefits to individuals who receive it. Remember that, TPS itself is not an adequate long-term fix to immigration problems, but rather a temporary remedy that can provide safety and percussion of the people from designated countries already in the U.S. during dangerous conditions. Here’s a summary of benefits available to TPS holders:

Protection from Deportation:

One of the main advantages of TPS is that it permits recipients to remain in the U.S. legally without fear of deportation. Those with TPS status have protection from removal by U.S. immigration authorities for as long as the designation is in place.

TPS holders are not subject to deportation to their home country as long as they continue to hold TPS. This is critical for people from countries in conflict, disaster, or instability who could face dangerous situations if they were compelled to return.

Work Authorization:

Work Authorization: Those with TPS are eligible to apply for a work permit (Employment Authorization Document, or EAD) while they are in the U.S. under TPS. This means that they can earn a living and provide for their families by working in the country legally.

Employment Opportunities

The work permit will allow TPS recipients to seek employment across numerous sectors, enabling them to comply with the work permit requirements while supporting the U.S. economy and securing employment.

Temporary Travel Authorization

TPS recipients may be eligible for “advance parole,” which permits travelers to leave the U.S. and re-enter without losing their TPS status. This will benefit those who are required to visit their family member in their home country or have other urgent personal matters to conclude abroad.

Eligibility for Public Benefits (Varies by State):

  • State-Specific Benefits: TPS does not itself confer entitlement to benefits under federal programs such as Medicaid or Social Security, but some states may provide limited benefits or assistance to TPS holders, such as health care benefits, unemployment insurance, or public assistance.
  • Access to Healthcare and Education: TPS holders may be eligible for state-funded healthcare programs or may attend public education in some states. Specific state regulations govern available benefits.
  • Indirect Way to Permanent Residency — Pathway to Permanent Residency

TPS does not itself provide a direct road to U.S. permanent residency (Green Card). But others may find ways to convert that status to a Green Card holder, for example, through family or employer sponsorship while keeping TPS.

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What is the Duration of Temporary Protected Status?

The people who receive TPS are never given permanent status (as you may have leach of the name). The length of TPS status is determined by his or her home country’s conditions. The American government issues TPS to a country because of activities like ongoing conflict, environmental disasters or extreme dangers, and it usually lasts 6 to 18 months.

The U.S. government periodically reviews conditions in countries designated for TPS. Countries can be taken off the list if conditions improve, and TPS can end for the nationals of that country. By contrast, if the crisis continues, the U.S. might extend TPS for an additional period.

Even though TPS grantees can remain in the U.S. for the time their status is valid, it is crucial to understand that TPS does not offer any path to a permanent solution. If TPS expires and there is no renewal, individuals will have to seek other means of immigration relief or leave the United States.

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What is the Re-registration Process for Temporary Protected Status?

Every TPS individual must re-register with USCIS during each designated re-registration window in order to retain TPS status. When TPS is extended, individuals must apply for re-registration, which must occur during the designated time frame, and failing to do so will constitute as a lapse in Temporary Protected Status.

If you miss the re-registration deadline, you may lose TPS status. In some cases, you may not be eligible to re-apply unless you can prove specific reasons why you did not file on time. So you need to make sure you are following USCIS announcements and deadlines.

Necessary Form and Paperwork: You’ll need to resubmit Form I-821 (Application for Temporary Protected Status) and submit any updated documentation, as needed. If applicants are also applying for a work permit, Form I-765 must be filed as well.

Biometrics Appointment: Some applicants would have to attend a separate biometrics appointment (for fingerprints and photographs) as part of the re-registration. This allows USCIS to keep accurate records and complete appropriate background checks.

TPS Re-Registration: If you have an existing work permit under TPS, USCIS automatically extends your work authorization while your re-registration application is pending. This allows you to continue working legally in the U.S. without interruption.

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When can my Temporary Protected Status be Terminated?

Country No Longer Designated

TPS can end if the U.S. government determines that the conditions in a TPS-designated country have improved. In this instance, people will not get the protected status from deportation and will have to look into other immigration avenues.

Personal Changes

Your TPS could be terminated if you become ineligible due to personal conduct (for instance, what we refer to as a “disqualifying crime,” or if you depart the United States without authorization).

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What Happens After TPS Expires:

Once TPS ends, and especially if it is not extended, those who wish to remain legally in the United States will have to find other mechanisms of immigration relief. These can be through a family-based visa, employment-based visa, asylum or other immigration programs.

If you don’t get any other immigration status, you may need to leave the U.S. prior the TPS expires. If you don’t leave on your own, you could face deportation.

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Conclusion

Temporary Protected Status (TPS) is a protective immigration program that grants temporary residency to nationals from countries in the midst of significant crises. It comes with benefits like protection from deportation, work authorization, and travel permission, allowing people to live and work safely within the United States during trying times. While TPS is not a route to permanent residence, it offers much-needed relief to many people who need it.

Frequently Asked Questions

Can TPS holders apply for a Green Card?

No, TPS itself does not directly translate to a Green Card. TPS holders may also be eligible to apply for a Green Card through family or employer-based petitions.

How long does it take to receive TPS approval?

Approval for TPS can take many months, depending on the applicant’s country and USCIS processing times. It takes 6-8 months for approval on average.

Am I eligible for TPS if I entered the U.S. unlawfully?

Yes, applicants who arrived in the U.S. without inspection are still eligible for TPS so long as they satisfy certain other eligibility requirements, such as being an individual from a TPS-designated country.

References

  • uscis.gov– Temporary Protected Status (TPS) designated countries
  • justice.gov– Temporary Protected Status (TPS) application process
  • boundless.com–  How to get Temporary Protected Status (TPS)

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