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 aliens 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?
The Attorney General currently has designated citizens of Nicaragua, Honduras, El Salvador, Haiti, Sudan, South Sudan, Somalia, Nepal, Syria, Yemen, and most recently Venezuela (as of March 9, 2021) as eligible to register for TPS [2]. Below are the requirements that must be met by applicants for TPS:
- 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 be subject to several criminal and security-related bars; 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.)
What is the duration of the TPS?
Generally TPS is granted or extended on an annual basis at the discretion of the Attorney General’s Office.
Is TPS Renewable?
Generally TPS is granted or extended on an annual basis at the discretion of the Attorney General’s Office.
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 Documentation Do I Need to Apply or Renew TPS?
The following is a list of documents needed to Apply for 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 like for preparing and applying 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. [3]
What are the USCIS Filing Fees for TPS?
Fees for form I-821, I-765 and fingerprints (click here [4] to verify the U.S. Immigration Service fees as these change regularly.
What are the Fees of our Boston Immigration lawyers to apply for a TPS visa?
Click here [5] to learn more about our immigration legal fees.
Click here [6] if you would like to come in for an initial consultation with one of our immigration attorneys in Massachusetts. [7]
Where Can I Get More Information on Temporary Protected Status for Immigrants?
The USCIS on Temporary Protected Status [2]
Guidance on Late Initial Registration for TPS Applicants [8]