1. What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a form of humanitarian relief that allows people from certain countries affected by armed conflict, natural disaster, or other extreme conditions to remain in the United States without fear of deportation. Those granted TPS are given the opportunity to live and work in the United States for a period of time determined by the Department of Homeland Security. A new TPS designation may be granted if conditions in the country improve, or the designation may be extended if conditions remain unchanged.

2. What countries have been designated for TPS?

The United States currently designates El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen for Temporary Protected Status (TPS).

3. Who is eligible to apply for TPS?

TPS may be available to individuals from certain countries that have experienced ongoing armed conflict, natural disasters, or other extraordinary conditions that prevent nationals of those countries from returning safely. Eligibility requirements for each TPS designation vary depending on the country and the circumstances. To be eligible for TPS, applicants must meet certain criteria, such as residing in the United States since a specific date, having no criminal record, and meeting other eligibility criteria.

4. How long can a TPS holder stay in the United States?

TPS holders can stay in the United States for as long as their TPS status is valid, which may be a year or more depending on the country of origin and the current conditions in that country.

5. How can I apply for TPS?

To apply for Temporary Protected Status (TPS), you must complete Form I-821, Application for Temporary Protected Status, and submit the form along with supporting documentation to U.S. Citizenship and Immigration Services (USCIS). For more information and the latest updates on TPS, visit the USCIS website.

6. Are there any fees associated with applying for TPS?

Yes, there are fees associated with applying for TPS. A fee of $50 must be paid to the US Citizenship and Immigration Services (USCIS) when submitting an application for Temporary Protected Status. There may also be additional fees associated with fingerprinting, medical examinations, and other related services.

7. Are there any criminal or security-related bars to eligibility for TPS?

Yes. Individuals with a conviction for a particularly serious crime, or two or more convictions for any crime, are ineligible to receive Temporary Protected Status (TPS). Those subject to security-related bars to eligibility may also be ineligible to receive TPS.

8. Can I travel outside the United States while I am a TPS holder?

Yes, you may travel outside the United States with advance permission from the Department of Homeland Security (DHS). To apply for advance permission to return to the United States, you must submit Form I-131, Application for Travel Document, to U.S. Citizenship and Immigration Services (USCIS).

9. How can I adjust my status to permanent resident after obtaining TPS?

To adjust your status to permanent resident after obtaining TPS, you must meet certain eligibility requirements. You must have been physically present in the United States for at least five years since the date of your TPS registration or approval, you must have maintained continuous physical presence in the United States since the date of your TPS registration or approval, and you must have been a person of good moral character during that time. You must also meet all the requirements for adjustment of status. Additionally, you must pay an application fee and submit Form I-485 (Application to Register Permanent Residence or Adjust Status) to U.S. Citizenship and Immigration Services (USCIS).

10. Can I obtain employment authorization while I am a TPS holder?

Yes. Eligible TPS holders may apply for Employment Authorization Documents (EADs). The EAD will enable a TPS holder to work in the United States legally. To apply for an EAD, you must submit Form I-765, Application for Employment Authorization, along with the appropriate fee and any required supporting documents.

11. Are there any benefits available to TPS holders?

Yes. Eligible TPS holders may be able to obtain work authorization, travel authorization, and certain other benefits. In addition, those with TPS may be able to adjust their immigration status and become a lawful permanent resident.

12. Do I need to re-register for TPS if my status is extended?

Yes, if your status is extended, you must re-register to maintain your TPS status.

13. Can I file for a family member to join me in the United States if I have TPS?

Yes, you may be able to file for your family members to join you in the United States if you have TPS. Depending on your TPS status, you may be able to file for a variety of family members, such as spouses, children, or parents. However, it is important to note that the process for filing for a family member can be complex and time-consuming. Additionally, there are specific requirements and criteria that must be met in order to successfully file for a family member. It is recommended that you speak with an immigration lawyer or other legal professional for more information about filing for family members if you have TPS.

14. What happens if my application for TPS is denied?

If an application for TPS is denied, applicants may be placed in removal proceedings before an immigration judge. The applicant can appeal the decision to the Board of Immigration Appeals (BIA). If the BIA upholds the decision, the applicant may be able to re-file their application or consider filing for asylum to remain in the U.S. It is important to speak to an immigration attorney or accredited representative for more advice regarding your case.

15. Are there any restrictions on bringing family members to the United States while I am a TPS holder?

Yes. While TPS holders are not eligible to apply for family members to come to the United States, you may be able to bring your family members, depending on their specific circumstances. It is possible for a family member to seek and obtain permission to enter the United States under a valid visa or other form of entry document, depending on the family member’s individual qualifications. However, this may require you to go through the process of submitting a petition with U.S. Citizenship and Immigration Services (USCIS).

16. Is my spouse eligible for work authorization if I obtain TPS?

It depends. Your spouse may be eligible to apply for an Employment Authorization Document (EAD) if you have been granted Temporary Protected Status (TPS). To apply, your spouse must submit Form I-765, Application for Employment Authorization. The USCIS will review the application and make a decision on whether to grant the EAD.

17. Can I apply for an advance parole travel document while I am a TPS holder?

Yes, you may be eligible to apply for an advance parole travel document while you are a TPS holder. However, it is important to note that even if you have an approved advance parole travel document, you may still be denied re-entry into the United States.

18. Can I become eligible for naturalization after obtaining TPS?

Yes, you may become eligible for naturalization after obtaining TPS if you have held TPS status for at least 5 years or you have been a permanent resident for at least 5 years.

19. What are the consequences of violating the terms of my TPS status?

Violating the terms of your TPS status can lead to serious consequences. Depending on the severity of the violation, you may be placed into removal proceedings with U.S. Immigration and Customs Enforcement (ICE), or you may be denied re-registration for TPS benefits. You could also be subject to expedited removal proceedings or denied future entry into the United States.

20. What should I do if I believe that USCIS has made a mistake regarding my application for TPS or my status as a TPS holder?

If you believe that USCIS has made a mistake regarding your application for TPS or your status as a TPS holder, you should contact the USCIS Contact Center for assistance. The Contact Center can be reached by phone at 1-800-375-5283. You can also submit an online inquiry to the Contact Center through the USCIS website.