1. What is the purpose of Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible individuals who are already present in the United States and are unable to safely return to their home country due to environmental disasters, armed conflict, or other extraordinary conditions. TPS provides temporary relief from deportation, employment authorization, and travel authorization.
2. How do I apply for Temporary Protected Status (TPS)?
If you want to apply for Temporary Protected Status (TPS), you must file an application with U.S. Citizenship and Immigration Services (USCIS). You will need to provide proof that you are a national of a country designated for TPS, that you have continuously resided in the United States since a certain date, and that you have been physically present in the United States since a certain date. You must also meet other eligibility requirements. To learn more, visit the USCIS website at www.uscis.gov/tps.
3. Do I need a valid passport to apply for TPS?
Yes, you will need a valid passport to apply for Temporary Protected Status (TPS).
4. How long does the TPS status last?
The TPS status lasts for the designated period of time set by the U.S. Department of Homeland Security (DHS). The current TPS designations last for 18 months, although extensions may be granted in certain circumstances.
5. What are the eligibility requirements for TPS?
The eligibility requirements for Temporary Protected Status (TPS) vary from country to country, but generally include having been continuously present in the United States since the designated date of the TPS designation, and having had no significant criminal history. Additionally, applicants must meet certain health-related criteria and must not be subject to any of the grounds of inadmissibility.
6. Can I travel outside the U.S. while I’m on TPS status?
Yes, you may travel outside of the U.S. while on TPS status, however, you will need to obtain a re-entry permit from U.S. Citizenship and Immigration Services (USCIS) before you leave. USCIS will only issue a re-entry permit if you can demonstrate that you will return to the U.S. within the designated period of time and that you have not abandoned your TPS status.
7. Do I have any legal protections while on TPS status?
Yes, you have certain legal protections while on TPS status. These include the right to remain in the United States and to work legally, as well as access to certain public benefits. You are also protected from removal (deportation) while in TPS status.
8. Can I get a work permit if I’m approved for TPS?
No, Temporary Protected Status (TPS) does not provide a work permit. However, if you are granted TPS, you may be able to apply for an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). An EAD will allow you to legally work in the United States.
9. How will I know if my application for TPS is approved or denied?
You will receive a written USCIS receipt notice in the mail. If it is approved, you will also receive an Employment Authorization Document (EAD) and a Notice of Action (Form I-797). If it is denied, you will receive a letter from USCIS with an explanation of the reasons for the denial.
10. Can I renew my Temporary Protected Status (TPS) when it expires?
Yes, you can renew your TPS status when it expires. Generally, the U.S. Citizenship and Immigration Services (USCIS) will publish a Federal Register notice announcing the renewal period for a particular country about 60 days before the expiration of its TPS designation. In order to renew your Temporary Protected Status, you must file Form I-821 and any applicable fees during the designated renewal period.
11. How can I check the status of my TPS application?
You can check the status of your TPS application by contacting USCIS or using the online “Case Status” tool on the USCIS website.
12. Is there a fee to apply for Temporary Protected Status (TPS)?
No, there is no fee to apply for Temporary Protected Status (TPS). However, applicants will need to pay the applicable filing fees for any forms required to complete the application.
13. Is there a deadline to apply for TPS?
Yes, there are deadlines to apply for TPS. Generally, you must submit your application within the designated time period (usually 180 days) or before your TPS protection expires, whichever is later. You can find specific details about the deadlines for each TPS designation on the USCIS website.
14. What documents will I need to submit to apply for TPS?
To apply for TPS, you will need to submit:
* Form I-821, Application for Temporary Protected Status;
* Form I-765, Application for Employment Authorization;
* Evidence to show that you meet the eligibility requirements, including evidence of your nationality or immigration status;
* Two passport-style photographs; and
* The appropriate filing fee.
15. How long will it take for a decision on my TPS application?
The length of time it takes for a decision on a TPS application depends on the individual circumstances of the applicant. Generally, USCIS makes decisions on TPS applications within 180 days. However, it’s important to note that the actual timeline may vary depending on the case and the service center processing times.
16. What happens if my application for TPS is denied?
If your application for TPS is denied, you may appeal the decision within 33 days of the date of the denial notice. You may also file a motion to reopen or to reconsider your application. Additionally, you may appeal your case to the Board of Immigration Appeals or to a federal court.
17. What are my rights under Temporary Protected Status (TPS)?
Under Temporary Protected Status (TPS), you are eligible to remain in the United States and are authorized to work if you meet certain requirements. You are also eligible for protection from removal/deportation, and may be granted travel authorization. Additionally, you may access certain public benefits such as Medicaid, STAP, food stamps, and refugee medical assistance. Finally, you may be able to adjust your immigration status when appropriate.
18. Does Temporary Protected Status (TPS) lead to permanent residency in the U.S.?
No, Temporary Protected Status (TPS) does not lead to permanent residency in the U.S. It is a temporary immigration status granted to individuals from certain countries that are affected by armed conflict, environmental disasters, or other extraordinary circumstances. It allows those individuals to remain in the U.S. and work legally for a limited period of time, but does not provide a path to permanent residency or citizenship.
19. Can I bring family members into the U.S. with me when I am granted TPS?
No. Family members cannot enter the U.S. with someone who has been granted TPS. If family members wish to enter the U.S., they must meet all of the regular immigration requirements and obtain a visa or other form of permission.
20. Will my status as a Temporary Protected Status (TPS) holder be affected by changes in immigration policy?
Yes, changes in immigration policy could have an impact on your status as a Temporary Protected Status (TPS) holder. The Trump administration has proposed several changes to the TPS program, which could potentially lead to a termination of your TPS status. It is important to stay up to date on any new policy changes and consult an immigration attorney if you have any questions or concerns.