What is TPS in USA

It is important for immigrants to know what TPS is in the USA because it gives them an opportunity to remain and work legally in the country.

However, the TPS application process can be complex. That’s why our Los Angeles immigration lawyers at Lluis Law can guide you through every step of the immigration process. 

What is Temporary Protected Status (TPS) in the USA and what benefits does it have?

Temporary Protected Status (TPS) is a temporary immigration relief offered by the United States to citizens of certain countries affected by extraordinary circumstances that make their return unsafe. 

These conditions may include armed conflict, natural disasters or humanitarian crises.

During this period, immigrants under TPS can access certain benefits. For example:

• Protection from deportation from the United States;
• Employment authorization;
• Travel authorization.

Additionally, TPS recipients cannot be detained by DHS because of their immigration status.

A similar immigration relief is the juvenile visa, which is focused on immigrants under the age of majority. You can explore all about this visa on our blog.

Timeline of TPS in the USA

• 1990: The US Congress created TPS, with El Salvador becoming the first country to benefit.
• 1998: Deportations of citizens of El Salvador, Guatemala, Honduras and Nicaragua were temporarily suspended following Hurricane Mitch.
• 1999: Honduras and Nicaragua received TPS due to damage caused by Hurricane Mitch.
• 2001: TPS was granted to Salvadoran citizens following two earthquakes in the country.
• 2017: DHS announced the end of TPS for Nicaragua in January 2019 and put a decision on Honduras on hold.
• 2018: DHS decided to terminate TPS for El Salvador, but the termination was suspended due to legal disputes.
• 2019: The US extended TPS work permits until January 4, 2021.
• 2020: DHS expanded TPS through October 2021 for El Salvador, Nicaragua, Honduras, and other countries.
• 2021: Biden granted TPS to 300,000 Venezuelans for 18 months.
• 2021: Haiti was designated for TPS for 18 months.
• 2022: Ukraine, Afghanistan, Sudan, and South Sudan granted TPS for 18 months.
• 2022: DHS extended TPS for Venezuela until March 2024.
• 2022: The US extended TPS until mid-2024 for Haiti, El Salvador, Nicaragua, Sudan, Honduras, and Nepal.
• 2023: DHS extended TPS for 18 months for El Salvador, Honduras, Nicaragua and Nepal, reversing Trump’s decision to end it.
• 2023: Biden expanded TPS for Venezuelans in the US, allowing more people to obtain work permits.
• 2024: USCIS extended the validity of work permits until March 2025 for TPS beneficiaries from El Salvador, Honduras, Nicaragua, Nepal, and Sudan.

Countries designated for TPS in 2025

Countries designated for Temporary Protected Status (TPS) in 2025 are:

• Afghanistan;
• Burma (Myanmar);
• Cameroon;
• El Salvador;
• Ethiopia;
• Haiti;
• Honduras;
• Nicaragua;
• Nepal;
• Somalia;
• Sudan;
• South Sudan;
• Syria;
• Ukraine;
• Venezuela;
• Yemen.

What are the conditions for a country to be eligible for TPS?

Countries facing certain social contexts may be eligible for a TPS designation, such as:

• Active armed conflict or civil war;
• Natural disasters, such as hurricanes, earthquakes or epidemics;
• Other temporary or exceptional situations.

What are the requirements to apply for TPS in the United States?

To apply for TPS in the USA, you must meet the following requirements:

• Be a citizen of a country designated for TPS, or be an individual without nationality whose last permanent residence was in that country.
• File your application during the initial or re-registration period, or meet the requirements for late filing during any extension of your country’s TPS designation.
• Have been physically present in the United States continuously since the most recent effective date of TPS.
• Have resided continuously in the United States since the date specified for your country of origin.

Note: The law allows exceptions to the continuous physical presence and continuous residence requirements for brief departures or certain other cases. However, when applying for TPS or re-registering, it is important to inform USCIS of all absences from the US. 

Who is not eligible to apply for TPS in the USA?

The following individuals are not eligible to apply for TPS in the United States:

• They have been convicted of a felony, two or more misdemeanors committed in the United States.
• They are considered inadmissible to the U.S.
• They are subject to mandatory prohibitions on asylum in the United States. For example, participating in the persecution of other people or engaging in terrorist activities.
• They do not meet the requirements of physical presence and continuous residence in the United States.
• Do not meet the initial TPS registration requirements or do not respect the deadlines established for registration.
• They were granted TPS but did not register as required, unless they have good cause for not doing so.

What documents must be submitted to apply for TPS in the United States?

To apply for TPS in the USA, you must submit the following documents:

Forms

• Form I-821: This form must be filed to register or re-register for TPS. Citizens of certain countries and persons without nationality who have resided in those countries may file online. 
• Form I-765: This form can be filed at the same time as Form I-821 or separately at a later date. However, filing them together may result in you receiving an employment authorization document (EAD) more quickly. 

Note: If you are inadmissible for TPS, you may be eligible to apply for some waiver of inadmissibility. If so, you may need to file Form I-601 with USCIS.

Evidence

You must submit any document that proves the following:

• Your identity and nationality;
• Date of entry into the United States;
• Continuous Residence in the US.

Fee

If you are registering for TPS for the first time, you will need to pay a fee for Form I-821. Please note that there is no fee for re-registration. 

If you are unable to pay the fee, you may be eligible to apply for a waiver of grounds of inadmissibility by filing Form I-912 with USCIS. 

If your exemption request is denied, you have the option to resubmit and pay the fees before the registration deadline or within 45 days after the denial notice.

How to apply for TPS in the USA?

To apply for TPS, you must follow these steps:

1# Submit the application to USCIS

TPS applicants should prepare their application package to include: 

• All required forms; 
• Evidence; and
• Applicable fees (or a request for a fee waiver). 

This package must be sent to the address listed for your TPS country. It is essential that the applicant signs the application and includes the correct fee amount. Failure to do so could lead to the application being rejected.

2# Wait for notification from USCIS

When USCIS receives the application, it will review it to ensure that it is complete and that fees are paid. 

If the application meets the basic requirements, it will be entered into the system and the applicants will receive a receipt notice with a number that will allow them to check the status of their case. 

If the applicants don’t receive this notice within 3 weeks, they may contact the USCIS Contact Center. If you get a denial you may fix the mistakes and resubmit the application.

3# Wait for an appointment notification

If USCIS needs to collect your biometric data (such as photograph, signature, and fingerprints), it will send you an appointment notice. 

Therefore, if you applied for TPS you may be required to attend an Application Support Center (ASC). 

Please note that all applicants over the age of 14 must submit this information. If you are unable to attend, you must reschedule your appointment.

4# Attend the Application Support Center (ASC)

When attending the appointment, the applicants must bring proof of nationality and identity, their receipt notice and their appointment notice. 

It is important that the applicant attends the appointment. Failure to do so without rescheduling may result in the application being denied.

5# Determine eligibility to work

If the applicant seeks an EAD (employment authorization document), USCIS will evaluate the applicant’s employment eligibility before making a final decision on the TPS application. 

If you are found eligible, you will receive an EAD. If you are denied and you appeal, your EAD will be extended while you wait for the decision.

Learn more about this topic in our blog: Immigration appeal process

6# Submit additional documents (optional)

During this process, USCIS may request additional documents. Therefore, if the applicant receives a request for evidence (RFE) or a notice of intent to deny, it is crucial that they respond immediately to avoid delays.

If USCIS does not require any further documents, you can proceed to the next step.

7# Know the final decision of USCIS

If the application is approved, the applicant will receive an approval notice and an EAD (if requested). 

In case of denial, USCIS will send a letter indicating the reason and the possibility of appealing the decision.

What benefits does TPS have for Venezuelans in the United States?

Temporary Protected Status (TPS) offers important benefits for Venezuelans in the United States. For example:

• Temporary Protection: TPS provides temporary protection to Venezuelans who are unable to return to their country due to armed conflict or extraordinary conditions that prevent safe return.
• Work Permit: TPS beneficiaries obtain a work permit, allowing them to legally work in the US and contribute to the economy.

Additionally, TPS offers holders the opportunity to apply for travel permission to leave the US and return with authorization.

Although it is only a bill, several congressmen in the US are advocating for the Venezuelan Adjustment Act. This proposal is inspired by the Cuban Adjustment Act, which if approved, would grant certain Venezuelans lawful permanent residence.

How to travel outside the United States with a TPS?

If you have been granted TPS and plan to travel outside the US, you must first apply for travel authorization by filing Form I-131 with USCIS.

If your application is approved, you will be issued a Form I-512T, which serves as proof of DHS’s consent for your travel. 

Upon your return, if a CBP officer determines that you meet the requirements, you will be allowed to re-enter under TPS status.

Note: If you have TPS and leave the US without proper authorization, you may lose your status and will not be able to return. Additionally, if you have a pending TPS application and leave without advance parole, this may result in your application being denied.

Who can grant TPS in the United States?

TPS in the USA can be granted by USCIS, an Immigration Judge, or by the BIA.

If you receive TPS from a judge or the BIA, you must follow these steps when applying for your first TPS benefit: 

1. Provide evidence of TPS grant: This may be the final order from the judge or BIA, along with a copy of the approved I-821 petition.
2. Filing Form I-765 for the EAD : If you are applying for your first EAD, submit Form I-765 with the required fees and a cover sheet stating “DO NOT REFUSE – TPS GRANTED BY IJ/BIA.”
3. Completing Form I-131 for travel authorization: If you are requesting travel authorization, submit Form I-131 with the applicable fee.

Note: For your first re-registration, file both Form I-821 and Form I-765 with the required fees. If your TPS was granted by a judge or the BIA, you must re-register with USCIS during each future extension period for your country.

How much does it cost to apply for TPS in the United States?

The cost to apply for TPS in the USA is $50 for initial applicants for Form I-821. 

There is no fee if you are re-registering for TPS. Additionally, applicants 14 years of age or older must pay an $85 biometrics fee. 

If you also file Form I-765 for an employment authorization along with your TPS application, the fee is $410. 

Can I renew TPS in the United States?

When you receive your TPS approval notice, you will find an expiration date that tells you when you will need to renew it. 

We advise you to start your renewal at least 6 months before that date.

Can I get lawful permanent residence with TPS?

TPS is a temporary benefit that does not provide a direct path to a Green Card or any other immigration status. However, if you wish to remain in the U.S., you can:

• Apply for nonimmigrant status;
• Request an adjustment of status;
• Apply for other immigration programs or protections for which you are eligible.

It is important to note that TPS does not offer any special advantages when applying for other immigration relief. 

Can I apply for asylum if I have TPS and am in deportation proceedings?

If you have TPS and are in removal proceedings, you can ask the judge to pause or close your case while you maintain your TPS. 

You also have the option to continue with your asylum application to submit relevant evidence. 

It is important to show that the harm you fear is for protected reasons. If your asylum application is denied, you may still be able to ask for your case to be paused, but this could complicate your case when your TPS ends.

How do I know if I have TPS in the United States?

Now you know what TPS is in the United States, but you may want to check if you have access to it.

You can review your eligibility and required documents on the USCIS website. 

Frequently asked questions about what TPS is in the USA

How do I re-register for TPS?

To re-register for TPS, you must re-register during each re-registration period to maintain your benefits. 

This applies to all TPS beneficiaries, whether they were initially granted TPS by USCIS, an immigration judge, or the Board of Immigration Appeals (BIA).

How can a work permit be extended under TPS?

To extend your employment authorization under TPS, you should be aware of the following options:

• Publication of Notice in the Federal Register: If a notice is issued extending the TPS designation for your country, this notice may also authorize the extension of existing EADs; 
• Extension Notice: USCIS generally sends a Form I-797 notifying you of the EAD extension;
• Automatic EAD Extensions: There are automatic extensions announced through temporary final rules in May 2022 and April 2024. 

For more information about eligibility requirements and how to demonstrate proof of identity, please feel free to contact our attorneys.

What happens if I file a late application for TPS in the United States?

If you are filing a late application for TPS in the United States, there are important considerations:

Late re-registration

USCIS may accept your late re-registration application if you have a good reason for filing it after your country’s re-registration period ends. 

To do so, you will need to include a letter explaining the reasons for your late submission along with your application. However, processing may take considerably longer.

Late initial application

You may also apply for TPS for the first time during an extension of your country’s designation period. 

To qualify for a late initial application, you must meet at least one of the specified conditions. For example: 

• Having been a non-immigrant;
• Have had a pending application for change of status; or 
• Being a spouse or child of someone who is currently eligible for TPS.

If you meet these conditions, you may apply during an extension of your country’s TPS.

What can I do if my application for TPS in the United States was rejected?

If USCIS denies your TPS application, the denial notice will tell you whether you have 30 days to appeal to the Administrative Appeals Office (AAO).

If you are unable to appeal because your application was denied and you were placed in deportation proceedings, you have the option of asking the immigration judge to review your case.

Additionally, you may file a motion for reconsideration with the Service Center that reviewed your TPS application by submitting Form I-290B. 

Will I be able to apply for asylum later if I apply for TPS now?

If you apply for TPS now, you may be able to apply for asylum in the future once your TPS status ends. 

However, it is advisable to prepare in advance. Those with TPS may qualify for an exception to the one-year rule for applying for asylum, provided they do so in a timely manner after the termination of their TPS. 

Note: Please be aware that conditions in your country and evidence may change over time, so delaying your asylum application could be risky.

Immigration lawyers in Los Angeles to apply for TPS in the United States

If you believe that you, a friend, or family member qualifies for TPS in the USA, please do not hesitate to contact us. 

Our lawyers have the prestige of having more than 50 years of combined experience in all types of immigration procedures.

Now that you know what TPS is and which countries can apply for it in the USA, you will most likely need help with the process. Call us today so we can begin reviewing your case through a personalized consultation.