1. What is Temporary Protected Status (TPS) and who is eligible for it?

Temporary Protected Status (TPS) is a program established by the US government to provide temporary legal status for individuals from designated countries that are experiencing ongoing armed conflict, environmental disaster, or other extraordinary conditions that make it unsafe for their nationals to return. To be eligible for TPS, individuals must meet certain criteria set by the Department of Homeland Security, including being a national of a designated country and being physically present in the US during the designated registration period. They must also have continuously resided in the US since a specified date and not have any disqualifying criminal convictions or other bars to eligibility. TPS beneficiaries are granted protection from deportation and may also receive work authorization for the duration of their TPS designation.

2. How long does TPS status last?

Temporary Protected Status (TPS) is exactly what its name suggests – temporary. Individuals granted TPS status are allowed to stay in the United States for a limited period due to ongoing conflict, environmental disaster, or other extraordinary conditions in their home country that make return unsafe. The duration of TPS status can vary depending on the specific circumstances that led to the designation. Generally, TPS can be granted for periods of 6 months, 12 months, or even longer, but it is important to note that this status is subject to regular review and can be extended or terminated by the U.S. government at any time based on changing conditions in the affected countries. It is crucial for individuals with TPS to stay informed about the status of their designation and any actions they may need to take to maintain their lawful immigration status in the U.S.

3. What are the requirements for TPS renewal?

To renew Temporary Protected Status (TPS), individuals must meet certain requirements:

1. The individual must currently have TPS status.
2. The individual must re-register for TPS during the designated re-registration period.
3. The individual must have continuously resided in the United States since the most recent TPS designation date for their country.
4. The individual must have not been convicted of any felony or two or more misdemeanors in the United States.
5. The individual must not be a threat to national security or public safety.

Meeting these requirements is crucial for successfully renewing TPS status and maintaining legal stay in the United States. It is important to closely follow the guidelines and deadlines provided by the U.S. Citizenship and Immigration Services (USCIS) to ensure a smooth renewal process.

4. When should I submit my TPS renewal application?

You should submit your Temporary Protected Status (TPS) renewal application as early as possible before the expiration of your current TPS status. The U.S. Citizenship and Immigration Services (USCIS) recommends filing your renewal application at least 120 days before your current status expires, to ensure that there is enough time for processing without any gap in your TPS coverage. This early submission allows for any potential delays in processing and provides you with sufficient time to gather any required documentation or seek assistance if needed prior to the expiration of your current TPS status. It is crucial to adhere to the renewal timelines set by USCIS to avoid any lapse in your TPS benefits and potential immigration consequences.

5. Can I travel outside of the United States while on TPS?

1. Traveling outside of the United States while on Temporary Protected Status (TPS) can be complicated and should be approached cautiously. In general, individuals with TPS are permitted to travel internationally, but there are important factors to consider before doing so. It is crucial to consult with an immigration attorney or a qualified legal professional familiar with TPS regulations to understand the implications of traveling outside of the United States while on TPS status.

2. One key consideration is whether the country being traveled to is considered a “third country” by the U.S. government. Traveling to a third country can have consequences on your TPS status, as you may be seen as abandoning your protected status. Additionally, if you have a pending application for TPS or for re-registration, leaving the U.S. could impact the processing of your application.

3. It is important to obtain advance parole, which is a travel document issued by U.S. Citizenship and Immigration Services (USCIS), before leaving the country while on TPS. Without advance parole, your departure could result in being deemed inadmissible or ineligible for re-entry to the United States. It is crucial to follow the proper procedures and obtain the necessary authorization before traveling outside of the United States while on TPS.

4. In conclusion, while it is possible to travel outside of the United States while on TPS, it is highly recommended to seek guidance from a legal expert to navigate the complexities of international travel and ensure that your status remains protected. Failure to adhere to the regulations regarding travel while on TPS can have serious consequences, so it is essential to proceed with caution and proper authorization.

6. Can I work in the United States with TPS?

Yes, individuals granted Temporary Protected Status (TPS) are generally allowed to work in the United States. Upon receiving TPS, individuals can apply for an Employment Authorization Document (EAD), also known as a work permit, which allows them to legally work in the country during the designated TPS period. It is important to note that the ability to work in the U.S. with TPS is contingent upon maintaining valid TPS status and complying with all related requirements. Additionally, individuals with TPS may have certain restrictions or limitations on the types of jobs they can hold, depending on their specific TPS designation and any associated conditions set by the U.S. government.

7. How much does it cost to renew TPS status?

The cost to renew Temporary Protected Status (TPS) varies depending on the specific circumstances. Generally, the filing fee for TPS renewal application is around $495. This fee includes the application itself as well as biometric services, which may be required as part of the renewal process. Additionally, applicants may incur additional costs for things like passport photos, translation services, or shipping fees. It’s important to check the most recent fee schedule on the U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney for the most up-to-date information on the cost of renewing TPS status.

8. What happens if my TPS renewal application is denied?

If your Temporary Protected Status (TPS) renewal application is denied, it is important to understand the reasons for the denial in order to determine the next steps to take. Here is a general outline of what you can do if your TPS renewal application is denied:

1. Review the denial notice: The first step is to carefully review the denial notice you receive from U.S. Citizenship and Immigration Services (USCIS). This notice will outline the reasons for the denial and provide information on how to appeal the decision.

2. Request a review: If you believe that the denial was incorrect, you can request a review of the decision by submitting a motion to reopen or reconsider your TPS application. This should be done within the timeframe specified in the denial notice.

3. Seek legal assistance: It is highly recommended to seek assistance from an immigration lawyer or accredited representative if your TPS renewal application is denied. They can help you understand the reasons for the denial and guide you through the appeals process.

4. Consider alternative options: If your TPS renewal application is ultimately denied and all appeals are exhausted, you may want to explore other immigration options available to you. This could include seeking different forms of relief or exploring pathways to legal status in the United States.

Overall, it is crucial to act promptly and seek professional guidance if your TPS renewal application is denied. By understanding the reasons for the denial and exploring your options, you can better navigate this challenging situation.

9. Can I apply for a green card while on TPS?

Yes, individuals with Temporary Protected Status (TPS) can apply for a green card under certain circumstances. Here are some important points to consider in this regard:

1. Marriage to a U.S. Citizen: TPS recipients who are married to a U.S. citizen may be eligible to apply for a green card based on their marriage.

2. Employment-Based Green Card: TPS holders with a valid job offer may qualify for an employment-based green card sponsorship from their employer.

3. Family-Based Green Card: TPS beneficiaries who have a family member who is a U.S. citizen or lawful permanent resident may be able to apply for a green card through family sponsorship.

4. Other Eligibility Criteria: TPS holders must meet all other eligibility requirements for a green card, including admissibility criteria and background checks.

It is recommended to consult with an immigration attorney or legal expert to assess your individual circumstances and determine the best pathway to pursue a green card while on TPS.

10. Are there any countries currently designated for TPS protection?

As of September 2021, there are several countries that are currently designated for Temporary Protected Status (TPS) protection by the United States government. These countries include:

1. El Salvador
2. Haiti
3. Honduras
4. Nepal
5. Nicaragua
6. Somalia
7. South Sudan
8. Sudan
9. Syria
10. Venezuela

Each of these countries has been designated for TPS due to conditions such as armed conflict, environmental disasters, or other extraordinary and temporary circumstances that prevent nationals from safely returning to their home countries. TPS provides protection from deportation and allows individuals from these countries to legally reside and work in the United States until the TPS designation is terminated. It is important for individuals with TPS status to stay informed about any updates or changes to their country’s designation status.

11. Can I include my dependents on my TPS renewal application?

Yes, as a TPS beneficiary, you are generally allowed to include your dependents on your TPS renewal application. Dependents typically include your spouse and unmarried children under a certain age. In some cases, other relatives may also qualify as dependents.

1. It is important to ensure that you provide accurate and complete information about your dependents when submitting your TPS renewal application.
2. This may include their full names, dates of birth, and relationship to you.
3. Failing to include all eligible dependents on your application could result in their exclusion from TPS benefits.
4. If you are unsure about who qualifies as a dependent or how to include them on your application, it is recommended to seek guidance from an immigration attorney or an accredited representative.

12. What documents do I need to submit with my TPS renewal application?

When submitting a Temporary Protected Status (TPS) renewal application, you will need to include specific documents to support your request for an extension of your status. The key documents typically required for a TPS renewal application include:

1. Form I-821 (Application for Temporary Protected Status): This is the primary form you need to complete and submit for TPS renewal.
2. Form I-765 (Application for Employment Authorization): If you wish to apply for work authorization along with your TPS renewal, you will need to submit this form as well.
3. Evidence of TPS eligibility: This may include documentation showing your country of origin, proof of previous TPS approval, and any other relevant supporting documents.
4. Proof of identity and nationality: This could include a copy of your passport, birth certificate, or other identification documents.
5. Proof of residence in the United States: Documents such as utility bills, lease agreements, or other evidence of your address in the U.S. may be required.
6. Two passport-sized photographs: These photos must meet specific requirements outlined by U.S. Citizenship and Immigration Services (USCIS).

It is important to carefully review the specific instructions provided by USCIS for TPS renewal applications and ensure that you include all required documents to support your request for an extension of your TPS status. Missing or incomplete documentation could delay the processing of your application or lead to a denial.

13. How long does the TPS renewal process take?

The TPS renewal process can vary in terms of the time it takes for an individual’s application to be processed. Typically, the processing time for a TPS renewal application can range anywhere from a few months to a year or more, depending on various factors such as the volume of applications being processed, the specific country conditions, and any changes in immigration policies. It is important for individuals applying for TPS renewal to submit their application well before the expiration date of their current TPS status to allow for sufficient processing time. Additionally, applicants should ensure all required documentation is accurate and complete to avoid any delays in processing their renewal application.

14. Can I appeal a TPS renewal denial?

Yes, individuals have the right to appeal a decision to deny the renewal of their Temporary Protected Status (TPS). When a renewal of TPS is denied, a Notice of Determination (Form I-862) is typically issued explaining the reasons for the denial. If you believe the decision was incorrect or unjust, you can file an appeal with the United States Citizenship and Immigration Services (USCIS) within a specific timeframe provided in the denial notice. It is crucial to carefully review the denial notice for instructions on how to appeal and the deadline for doing so. Remember to include any supporting documentation or evidence that may help your case during the appeals process. Seeking legal assistance from an immigration attorney experienced in TPS cases can also be beneficial in navigating the appeals process effectively.

15. Will TPS holders be affected by changes in immigration policy?

1. TPS holders can be affected by changes in immigration policy depending on the specific immigration changes made by the government. The Temporary Protected Status program provides temporary legal status to individuals from designated countries facing conflict, natural disasters, or other extraordinary circumstances, allowing them to live and work in the United States. Changes in immigration policy, such as the termination of TPS for a particular country, can directly impact TPS holders from that country.

2. If a country’s TPS designation is terminated, TPS holders from that country may lose their protected status and become subject to deportation. This can be a devastating outcome for these individuals who have established their lives in the United States, including families, jobs, and communities.

3. Furthermore, changes in immigration policy can also affect TPS holders’ ability to renew their status or seek other forms of relief, leading to increased uncertainty and fear of deportation among this vulnerable population.

4. It is essential for TPS holders to stay informed about any changes in immigration policy that may impact their status and seek legal advice to understand their options and rights in the face of evolving immigration regulations.

16. How does TPS differ from other forms of immigration status?

Temporary Protected Status (TPS) differs from other forms of immigration status in several key ways:

1. TPS is intended for individuals who are unable to return to their home countries due to ongoing armed conflict, environmental disaster, or other extraordinary conditions that prevent safe return.
2. TPS is a temporary designation granted by the Secretary of Homeland Security, typically lasting 6 to 18 months, and can be extended as needed based on the conditions in the home country.
3. TPS does not provide a pathway to permanent residency or citizenship in the United States, unlike other forms of immigration status such as green cards or visas.
4. TPS does not require an individual to have a specific qualifying family relationship or employment offer to be eligible, making it more accessible to those in urgent need of protection.
5. Individuals granted TPS are allowed to work legally in the United States during the designated period, providing them with a means to support themselves and their families.
6. TPS recipients may be eligible for certain benefits and protections, such as protection from deportation and authorization for travel outside the U.S. in certain circumstances.
7. TPS is subject to change based on the conditions in the home country, with the possibility of termination or extension depending on the situation.

In summary, Temporary Protected Status differs from other forms of immigration status by being temporary in nature, more accessible in its eligibility requirements, and lacking a direct path to permanent residency or citizenship.

17. Can TPS be extended indefinitely?

No, Temporary Protected Status (TPS) cannot be extended indefinitely. TPS is a temporary immigration status granted to eligible nationals of certain countries that are facing ongoing armed conflict, environmental disasters, or other extraordinary conditions. The designation of TPS for a specific country is typically for a set period of time, ranging from 6 months to 18 months, and can be extended by the Department of Homeland Security (DHS) if conditions in the home country continue to warrant the protection. However, TPS is not meant to provide a permanent solution for individuals, and it is understood that the status will eventually come to an end. When TPS is set to expire, the DHS will make a decision on whether to extend, redesignate, or terminate the status for that specific country.

18. Can TPS holders apply for citizenship?

TPS holders are generally not eligible to apply for citizenship through the TPS program alone. However, there are certain situations where TPS holders may be able to adjust their status to lawful permanent resident (LPR) and then potentially apply for citizenship. This could happen if a TPS holder is eligible for another form of immigration relief, such as asylum or a family-based visa, and is able to adjust their status to LPR. Once someone obtains LPR status, they can typically apply for citizenship after meeting certain residency and other requirements. It is important for TPS holders to consult with an immigration attorney to understand their options for potentially obtaining citizenship.

19. What are the steps to take if my TPS status is terminated?

If your Temporary Protected Status (TPS) is terminated, there are several steps you should take to address your immigration status:

1. Review the official termination notice you receive from the U.S. Citizenship and Immigration Services (USCIS) carefully to understand the reasons for the termination and the effective date of the termination.
2. Consult with an immigration attorney or a reputable legal service organization to explore your options and determine the best course of action based on your individual circumstances.
3. Consider whether you are eligible for any other relief or forms of immigration status that may allow you to remain in the United States legally.
4. If you have not already done so, gather and organize any documentation related to your time in the U.S., employment history, family ties, and any other relevant factors that may support your case.
5. If you wish to appeal the termination of your TPS status, follow the instructions provided in your termination notice for how to submit an appeal and meet any deadlines.
6. If you do not appeal or your appeal is not successful, make arrangements to depart the United States before the effective date of the termination to avoid potential immigration consequences.
7. Stay informed about any developments related to TPS policies and regulations that may impact your situation.

It is crucial to seek guidance from qualified immigration professionals to navigate the complexities of TPS termination and understand the options available to you based on your specific circumstances.

20. Are there any organizations that provide assistance with TPS renewal applications?

Yes, there are several organizations that provide assistance with Temporary Protected Status (TPS) renewal applications. These organizations offer guidance, support, and resources to individuals navigating the renewal process. Some of the key organizations that offer assistance with TPS renewal applications include:

1. American Immigration Lawyers Association (AILA): AILA is a professional association of immigration lawyers that offers resources and support for individuals seeking assistance with various immigration matters, including TPS renewals.

2. Catholic Legal Immigration Network, Inc. (CLINIC): CLINIC is a network of nonprofit organizations that provide legal services to immigrants, including assistance with TPS renewals.

3. United States Citizenship and Immigration Services (USCIS): While not an organization providing assistance per se, USCIS is the government agency responsible for processing TPS applications. They offer information on their website and through their customer service hotline to help individuals understand the TPS renewal process and requirements.

4. Local nonprofit organizations and community centers: Many local nonprofits and community centers offer free or low-cost immigration services, including assistance with TPS renewal applications. These organizations may vary depending on the location, so individuals seeking assistance should research local resources in their area.

It is important to seek assistance from reputable organizations with expertise in immigration law to ensure that TPS renewal applications are completed accurately and on time.