Temporary Protected Status (TPS) Overview

Introduction

Temporary Protected Status (TPS) is a vital U.S. program that provides temporary relief to individuals from countries facing severe crises, such as wars or natural disasters. This status allows people to live and work in the U.S. safely for a designated period.

Currently, about 87,000 individuals in the U.S. are benefiting from TPS. Among them are 2,000 U.S. citizen children and 6,000 U.S. citizen adults who live with TPS holders. These families play a crucial role in the workforce, particularly in industries facing labor shortages, with 6,000 TPS holders contributing their skills.

The economic impact of TPS holders is impressive, contributing approximately $1.5 billion annually to the U.S. economy. While TPS doesn’t directly lead to permanent residency or citizenship, it offers essential protections, including a shield from deportation. This temporary status provides significant support and security to those in need, making a meaningful difference in their lives.

Why was Temporary Protected Status created?

TPS was created by the U.S. Congress in 1990 as part of the Immigration Act. The program was designed to offer humanitarian relief to people whose home countries were experiencing serious problems like natural disasters (earthquakes, hurricanes), ongoing wars, or other severe conditions that make it unsafe for them to return home. 

How Does TPS Work?

When a country is given a TPS designation by the U.S. government, citizens of that country who are already in the U.S. can apply for TPS.To qualify for Temporary Protected Status (TPS) in the United States, you must meet specific eligibility requirements and follow a detailed application process. 

What are the Eligibility criteria for TPS?

1. Nationality: You must be a national of a country that the U.S. government has designated for TPS. 
2. Registration Period: You need to apply for TPS during the open registration or re-registration period for your country. 
3. Continuous Physical Presence (CPP): You must have been physically present in the U.S. continuously.
4. Continuous Residence (CR): You must have continuously lived in the U.S. since a date specified for your country’s TPS designation. Short, casual, and innocent trips outside the U.S. are allowed, but you must inform U.S. Citizenship and Immigration Services (USCIS) of all absences.

What are the Disqualifications for TPS?

You may not be eligible for TPS or to maintain your TPS status if:

1. If you have been convicted of a felony or two or more misdemeanors in the U.S., you may not qualify for TPS.
2. If you are found inadmissible as an immigrant under certain grounds in the Immigration and Nationality Act (INA), particularly those related to criminal or security concerns.
3. If you have participated in terrorism or activities that would bar you from asylum, you cannot get TPS.
4. If you cannot prove continuous physical presence or continuous residence in the U.S. as required, you may lose your TPS status.
5. If you fail to register or re-register for TPS within the required time frames, without a valid reason. 

What Forms Do You Need to File for TPS?

1. Form I-821: Application for Temporary Protected Status. This form is mandatory to register or re-register for TPS. It can be filed online for most TPS-designated countries.
2. Form I-765: Request for Employment Authorization. This form allows you to request a work permit (EAD) and can be filed together with Form I-821 or separately later.
3. Form I-601: Application for Waiver of Grounds of Inadmissibility. If you know that a ground of inadmissibility applies to you, you must include this form to request a waiver. However, if USCIS has already waived this ground in a prior TPS application, you don’t need to file a new Form I-601.

What documents do you need to have while applying for TPS? 

4. Identity and Nationality Evidence: You must prove your identity and that you are a national of a TPS-designated country. Primary evidence includes a passport, birth certificate with photo ID, or any national identity document with your photo issued by your country. If you cannot provide primary evidence, you may submit secondary evidence, such as affidavits or other documentation, along with explaining why primary evidence is unavailable.
5. Date of Entry Evidence: You must demonstrate when you entered the U.S. through documents like your passport or I-94 Arrival/Departure Record.
6. Continuous Residence (CR) Evidence: You must provide proof of continuous residence in the U.S. since the CR date specified for your country. Acceptable documents include employment records, rent receipts, utility bills, school records, medical records, or letters from organizations or officials who know where you have been living.

What is the Application Process?

1. File Your Application: After gathering all necessary forms, evidence, and fees (or a fee waiver request), you must send your TPS application to the address indicated for your country. Ensure that your application is signed and includes the correct fee amount, or your application may be rejected.
2. USCIS Receives Your Application: USCIS will review your application for completeness and correct fees. If everything is in order, you will receive a receipt notice with a tracking number to check your case status online. If there are issues, USCIS may reject your application, and you can re-file after correcting the errors.
3. USCIS Contacts You: If needed, USCIS will schedule a biometrics appointment to provide your photograph, signature, and fingerprints. If requested, Biometrics are required for identity verification, background checks, and producing your EAD. If you cannot attend your appointment, you can request to reschedule. Missing your appointment without rescheduling can lead to your TPS application being denied.
4. Go to the ASC: At the Application Support Center (ASC), bring your appointment notice, a photo ID (like your passport), and any other required documents.
5. USCIS Determines Work Eligibility: If you are applying for an EAD along with TPS, USCIS will assess your eligibility to work in the U.S. If you are found eligible, you will receive your EAD. If your application is denied, you may appeal, and your EAD can be extended while waiting for a decision.
6. USCIS Adjudicates the Application: USCIS may request additional documents to support your application. It is crucial to respond promptly to avoid delays or denial. If you need a waiver for a ground of inadmissibility and haven’t already submitted Form I-601, you will be allowed to do so.
7. USCIS Approves or Denies the Application: If your TPS application is approved, you will receive an approval notice and an EAD if requested. If your application is denied, you will receive a letter explaining the reasons and instructions on how to appeal the decision.

What is the cost of applying for Temporary Protected status?

First-Time Applicants:

• Form I-821: The application fee is $50.
• Biometrics Fee: If you’re 14 years old or older, there’s an $85 fee for fingerprinting.
• Work Permit (Form I-765): If you’re also applying for a work permit, there’s an extra $410 fee.

Re-Registration: There’s no fee to re-register for TPS.

How can you obtain a green card through TPS? 

To get a Green Card, a TPS holder needs to qualify under one of the available categories. 

1. Family-Based Green Card: If you have a close relative who is a U.S. citizen or a Green Card holder, they can sponsor you for a Green Card. This involves filing Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS). Your relative will need to prove their relationship with you and once approved, you can apply to adjust your status to become a permanent resident.
2. Employment-Based Green Card: If you have a job offer from a U.S. employer, you might be eligible for a Green Card through employment. Your employer must file Form I-140 (Immigrant Petition for Alien Worker) on your behalf. If your petition is approved, you can apply to adjust your status.
3. Asylum-Based Green Card: If you don’t qualify for a family or employment-based Green Card, you might be able to apply for asylum. If granted asylum, you can apply for a Green Card one year after receiving asylum status.

What is the Application Process for transitioning from TPS to Green Card? 

The process to transition from TPS to a Green Card depends on your eligibility category:

1. Applying Through a U.S. Citizen Spouse or Parent: If you’re applying as a spouse or child of a U.S. citizen, you’ll need to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). After your petition is approved, you might have to attend an interview and provide additional documents before receiving your Green Card.
2. Applying Through a Lawful Permanent Resident Relative or Employer: If you’re applying through a family preference category or employment, the process begins with your relative or employer filing Form I-130 or I-140. Once the petition is approved and a visa becomes available, you file Form I-485 to adjust your status. If your TPS expires before receiving a visa, you might have to travel back to your home country and apply from there.

Required Documents while applying for a green card 

When applying for a Green Card, you must submit specific documents along with your forms. These might include:

• For Form I-130/I-140: Proof of your relationship with the sponsor (such as a marriage certificate) and proof of the sponsor’s legal status (like a Green Card or passport).
• For Form I-485: Your birth certificate, passport, travel records, and proof of legal entry into the U.S. (like an I-94 form).

Conclusion

Temporary Protected Status (TPS) offers vital protection to individuals from countries facing extreme hardships, such as war or natural disasters, by allowing them to safely live and work in the U.S.  The TPS application can be complex, but FileRight is at your disposal, and you can transform this process into a smooth and straightforward experience. 

Our user-friendly platform equips you with all the necessary forms, step-by-step guidance, and expert support to ensure your application is completed accurately and efficiently.

Don’t let the paperwork hold you back. Let FileRight be your trusted partner in securing TPS with ease. Take the first step toward peace of mind and start your TPS application with FileRight now!

Frequently Asked Questions

How do I apply for TPS?

You can apply for TPS by submitting Form I-821, Application for Temporary Protected Status, along with the required fees and supporting documents to USCIS.

Can I work while on TPS?

Yes, TPS holders are eligible to apply for an Employment Authorization Document (EAD) using Form I-765, which allows them to work legally in the U.S.

Can TPS holders travel outside the U.S.?

TPS holders can travel outside the U.S. with prior authorization. 

Can TPS be renewed?

TPS can be renewed if the U.S. government extends the designation for your country. TPS holders must re-register during the specified re-registration period to maintain their status.

What happens if TPS is terminated for my country?

If TPS is terminated, beneficiaries will lose their TPS status and any associated work authorization. They may have to leave the U.S. unless they have another legal immigration status or apply for one.

Can I apply for TPS if I entered the U.S. illegally?

Yes, you may still be eligible for TPS even if you entered the U.S. without authorization, as long as you meet the eligibility requirements.

Can I appeal a denied TPS application?

Yes, you can appeal a TPS denial by filing Form I-290B, Notice of Appeal or Motion, within 30 days of the denial.

Is there a fee waiver for the TPS application?

Yes, you can request a fee waiver for the TPS application by submitting Form I-912, Request for Fee Waiver, if you meet the eligibility criteria.