Temporary Protected Status (TPS) Lawyers

What Is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary immigration status for certain eligible foreign nationals from designated countries. Congress established a procedure that allows the Attorney General of the United States to provide TPS to immigrants in the United States who are temporarily unable to return to their homeland because of environmental disasters, ongoing armed conflicts or other extraordinary conditions.

Who Is Eligible for soliciting TPS?

Below The following are the requirements that must be met by applicants for TPS:

• Applicants must be nationals from one of the countries designated for TPS by U.S government (or by a stateless person whose last residence was one of these countries)
• Applicants must establish continuous physical presence and continuous residence in the United States for a period of time identified by the relevant regulation;
• Applicants must have good moral character and be subject to several criminal bars and security checks; and
• Applicants must register for TPS benefits within the time period identified by the relevant regulation. (Note: If the TPS designation is extended beyond the initial designation period, the beneficiary must timely re-register to maintain his or her benefits under the TPS program.)

Countries Approved for TPS (Temporary Protected Status) in the U.S.

The following is a list of countries which are currently approved for Temporary Protected Status in the U.S. (this list can change with each President, so it is good to verify it with the USCIS TPS page.):

• Burma (Myanmar)
• El Salvador
• Ethiopia
• Haiti
• Lebanon
• Somalia
• South Sudan
• Sudan
• Syria
• Ukraine
• Venezuela
• Yemen

What is the duration of Temporary Protected Status (TPS)?

The Department of Homeland Security may grant, extend, or terminate a country’s Temporary Protected Status (TPS) designation, generally for 6, 12, or 18 months at a time, which can change TPS registration periods, re-registration deadlines, and eligibility requirements.

Is TPS Renewable?

The Secretary of Homeland Security decides whether to extend TPS for nationals of TPS designated countries every year.  If TPS has been extended, TPS applicants must re-register during the TPS re-registration period.

Because Temporary Protected Status (TPS) is administered on a country-by-country basis, the Department of Homeland Security (DHS) establishes separate registration and re-registration periods for each designated nation. These filing windows and deadlines are announced whenever DHS issues a new TPS designation, extends an existing designation, or redesignates a country for TPS eligibility.

What are the Family Benefits of TPS?

If approved the applicant cannot be removed or deported from the U.S. and the applicant receives employment authorization for a specified period of time. Each member of the family must meet the eligibility requirements and apply independently to receive the benefits of TPS.

What Documents do I need to Apply or Renew TPS?

The following is a list of documents  needed to apply for or renew TPS:

• Documents that prove your identity and nationality (i.e. birth certificate, copy of passport, driver’s license or state I.D. card, etc.)
• Evidence to prove continuous presence in the United States as of the date specified in the TPS regulation for your country (i.e. tax records, leases, bank statements, insurance policies, bills, medical records, school records, etc.)
• Court disposition records if you were ever arrested, charged, or convicted for a criminal offense (i.e. Complete copy of certified police & court records, including police report, criminal complaint, plea, court orders, probation records, and any other document)
• Complete copy of court records for any other legal proceeding including Restraining Orders, Child Custody, Divorce, or other matter, if applicable
• Complete copy of any prior immigration applications, notices, records, and supporting documents filed with or received from any US government agency (USCIS, ICE, CBP, NVC, Consulate, EOIR, Immigration Court, etc.)
• Four passport-size photographs on white background

Additional Documents Needed for TPS Renewal:

• Proof that you have timely registered for TPS in the past (unless you are eligible for late registration).

What is the Process to Apply for TPS?

Stage One:
Prepare and submit application and supporting documentation with the appropriate U.S. Immigration Service center:

• Form I-821 and Form I-765
• Evidence that applicant has been present in the U.S. as of the appropriate date and has continually resided in the U.S. since that time
• Proof that you have registered for TPS in the past (unless you are eligible for late registration).
• Birth certificate or supporting evidence of identity and nationality
• Evidence of residency
• Two passport-size photographs on white background
• The U.S. Immigration Service Filing Fees

Stage Two:
Receive work authorization card in the mail (this can take 90-120 days depending on the individual U.S. Immigration Service center processing times and work load)

Can I get a Green Card if I have TPS?

Yes, some TPS holders might be eligible to obtain the Green Card inside of the United States if the person is “paroled” into the U.S. Learn more about the process from TPS to Green Card.

What are the USCIS Filing Fees for TPS?

Fees for form I-821, I-765 (if you are applying for work authorization) and fingerprints (verify the USCIS filing fees as these can change at any time).

What are the Fees of our Boston Immigration Lawyers to Apply for TPS?

Learn more about our immigration legal fees.
Contact us for an initial consultation with one of our immigration attorneys in Massachusetts.

Where Can I Get More Information on Temporary Protected Status for Immigrants?

• The USCIS on Temporary Protected Status
• Guidance on Late Initial Registration for TPS Applicants
• Documentation Employers May Accept and Temporary Protected Status Beneficiaries May Present as Evidence of Employment Eligibility

Protect Your TPS Status and Immigration Future

If you have questions about Temporary Protected Status (TPS), renewing your benefits, obtaining a work permit, or exploring options for permanent residence, the experienced immigration attorneys at FitzGerald Law Company are here to help. With more than 30 years of experience representing immigrants and their families, we provide personalized legal guidance tailored to your unique circumstances and long-term goals.

Don’t risk missing important TPS deadlines or opportunities that could affect your immigration status. Contact FitzGerald Law Company today to schedule a consultation and learn how we can help protect your future in the United States.

Call us today at (617) 303-2600 to schedule a consultation or complete our online contact form to get started.