1. What is Temporary Protected Status?
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries or parts thereof.
2. Who is eligible to apply for Temporary Protected Status?
You may be eligible to apply for Temporary Protected Status (TPS) if:
- You are a national of a country designated by the Secretary of Homeland Security for TPS. You may also be eligible if you are a person who has no nationality but last habitually resided in a designated country
- You apply for TPS during the specified registration period. The registration period is stated in the Federal Register notices of designation and is also generally noted in USCIS press releases
- You have been continuously physically present in the U.S. since the TPS designation began, or since the effective date of the most recent re-designation
- You are admissible as an immigrant and are not otherwise ineligible for TPS
- You have continuously resided in the U.S. since a date specified by the Secretary of Homeland Security
Note: This date is listed in the Federal Register notice of designation and may be different than the date TPS became effective.
3. Who is ineligible to apply for Temporary Protected Status?
You are ineligible for Temporary Protected Status (TPS) if you:
- Have been convicted of any felony or two or more misdemeanors committed in the U.S.
- Are a persecutor, terrorist or otherwise subject to one of the bars to asylum
- Are subject to one of several criminal-related grounds of inadmissibility for which a waiver is not available
4. How do I apply for Temporary Protected Status?
If you are applying for TPS for the first time, you must submit the following along with your application:
- Completed Form I-821, Application for Temporary Protected Status
- Filing fee
- Supporting evidence of identity and nationality
- Proof of residence
- Two identical color photographs
- If you are 14 years or older, a fee for fingerprinting
- If you are between the ages of 14 and 65 and want employment authorization, you should also complete and submit Form I-765, Application for Employment Authorization with the appropriate fee. If you already have or do not wish to receive employment authorization you must still must submit a completed USCIS Form I-765, Application for Employment Authorization, but without the accompanying fee
5. What is the application fee for Temporary Protected Status?
The Temporary Protected Status application fee structure is:
- USCIS Fingerprinting Services: $80
- Form I-821, Application for Temporary Protected status:$50 (Initial filing only) no fee for re-registration
- Form I-765, Employment Authorization Document: $340
6. Where should I submit my application for Temporary Protected Status?
- To determine where to file your application for TPS you must check the USCIS website for your country of eligibilty.
7. On what basis is a country designated for Temporary Protected Status?
The Secretary of Homeland Security may designate a country for TPS when the Attorney General determines, after consulting with appropriate government agencies, that:
- There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety
- The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation
- There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Attorney General finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the U.S.
8. Which are the countries designated under Temporary Protected Status program?
The countries or parts thereof which are currently designated under the TPS program are:
- El Salvador
9. How long is Temporary Protected Status valid?
A TPS designation will be effective for a minimum of six months and a maximum of 18 months.
10. How does the Secretary of Homeland Security decide on the duration of my Temporary Protected Status?
Before the end of the TPS designation period, the Secretary of Homeland Security will review the conditions in the designated state and determine whether the conditions that led to the TPS designation continue to be met. Unless a determination is made that those conditions are no longer met, the TPS designation will be extended for six, twelve or eighteen months. If the conditions that led to the TPS designation are no longer met, the Secretary of Homeland Security will terminate the TPS designation. Designations, extensions, terminations and other information regarding TPS are published in the Federal Register.
11. Can I obtain work permit on Temporary Protected Status?
Yes, if your TPS application is approved, you will receive work authorization, if requested. At the same time you apply for Temporary Protected Status, you must submit Form I-765, Application for Employment Authorization, and the appropriate fee to apply for a work permit.
12. Can I travel outside the U.S. on Temporary Protected Status?
No, you must remain continuously physically present in the United States on TPS. The grant of TPS status does not mean that you have permission to travel abroad, though permission to travel may be granted by the district director according to the Service’s advance parole provisions. Failure to obtain Advance Parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings.
13. Does Temporary Protected Status lead to permanent resident status?
No, TPS does not lead to permanent resident status. When the Secretary of Homeland Security terminates your TPS designation, you will return to the same immigration status you had before TPS unless that status has expired or has been terminated, or to any other status you may have been granted while in TPS.
14. Do I need to re-register if my Temporary Protected Status is extended?
Yes, if you are granted TPS, you must re-register with the USCIS for each period that your TPS benefits are extended. To re-register, submit a completed Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, during the period stated in the Federal Register notice of extension of the TPS designation. If you do not re-register each period, your TPS will be withdrawn.
15. Can I appeal a denial of my application for Temporary Protected Status?
If your application for TPS is denied, you will receive instructions telling you whether or not you are allowed to appeal the decision. Instructions on how to appeal will be included in the notice of denial.
16. How can I check the status of my application for Temporary Protected Status?
You may check status by using VisaPro’s free visa status service.
17. What is Deferred Enforced Departure (DED)?
Like TPS, DED is a temporary protection from removal which is granted to foreign nationals from a designated country. Unlike TPS, DED is designated by the Office of the President of the United States of America, as a constitutional power to conduct foreign relations. The Secretary of Homeland Security can designate a country for TPS, but the President is the one to designate DED for nationals of a particular country by Executive Order or Presidential Memorandum. DED was first used in 1990 and has been used a total of five times.