Temporary Protected Status

The following countries currently have designations for temporary protected status:

Eligibility for Temporary Protected Status

To be eligible for TPS, you must meet the following criteria:

• Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• File for TPS during the initial registration or re-registration period, or qualify for late initial filing;
• Have been continuously physically present and continuously residing in the United States since the effective date of the most recent designation date of your country.

The law does allow for an exception for brief departures from the United States depending on the circumstances of your absence.

You may NOT be eligible for TPS or you may LOSE your existing TPS status if you:

• Have been convicted of any felony or two or more misdemeanors committed within the United States;
• Are found inadmissible as an immigrant under applicable grounds in INA Section 212(a);
• Are subject to mandatory bars, including but not limited to, participating in the persecution of another individual or inciting terrorist activity; and 
• Failing to meet any of the above requirements.

However, important to note that some issues, which would rule an applicant inadmissible and thus ineligible for TPS, can be cured through the approval of an I-601 waiver. For more information about the I-601 waiver, please click here.

What is the benefit of TPS?

People who are granted temporary protected status are allowed to:

• Live and work in the United States; and
• May be granted travel authorization to leave and return to the United States through Advance Parole.

Being a recipient of TPS alone does not lead to lawful permanent resident status or give any other immigration status, but TPS does not prevent you from applying for other immigration benefits that you may be eligible for.

One such benefit is an Application for Travel Document (I-131), also known as Advance Parole. Reentry into the United States through Advance Parole allows a TPS recipient to be “inspected and admitted or paroled into the United States” in satisfaction of the inspection and admission requirement for adjustment of status (legal permanent residence/green card) under INA § 245(a).

Reentry into the United States through Advance Parole could potentially lead to a pathway towards legal permanent residency (green card) for TPS holders if they have a family petition filed for them which is immediately available.

The TPS Process:

To register or re-register for TPS, you must file Form I-821 that is submitted once someone is in the United States. The application should be made within the initial registration period for your country but USCIS does accept some late filings depending on the circumstances.

TPS recipients should also renew their application during any re-registration periods.

Filing with U.S. Citizenship and Immigration Services (USCIS)

• • A person applies for TPS by filling out an application and submitting it to USCIS.
  • It’s important to note that even if the USCIS denies your application for TPS, you will not have to leave the U.S. immediately. You are permitted to appeal the USCIS decision.