1. What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a designation that allows foreign nationals from certain countries who are in the United States to remain and work in the United States for a limited period of time. It is granted to individuals who cannot return to their home countries due to armed conflict, environmental disaster, or other extraordinary circumstances. It does not provide permanent residency or a path to citizenship, but it does provide protection from deportation and the ability to work legally in the United States.

2. Who is eligible for Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a type of temporary immigration relief for individuals from certain countries that are affected by ongoing armed conflicts, environmental disasters, or other extraordinary conditions. To be eligible for TPS, individuals must be from a designated country, have been continually present and physically present in the United States since the date of the designation, and have maintained lawful immigration status. Individuals with certain criminal convictions or who pose a security risk may not be eligible.

3. When can I apply for Temporary Protected Status (TPS)?

You can apply for Temporary Protected Status (TPS) when it has been designated for your country of nationality or country of last habitual residence by the U.S. Secretary of Homeland Security. Please visit the U.S. Department of Homeland Security website for more information on countries currently designated for TPS and the application process.

4. How long is Temporary Protected Status (TPS) valid for?

Temporary Protected Status (TPS) is designated for a limited period of time, usually 6-18 months. The length of the designation varies by country.

5. What documents do I need to apply for Temporary Protected Status (TPS)?

In order to apply for Temporary Protected Status (TPS), you will need to submit an application form (Form I-821), along with proof of your identity and nationality, and evidence that you meet the eligibility requirements for TPS. You may also need to submit additional documents such as copies of your passport or birth certificate, proof of employment or residence, or other relevant documents.

6. What is the process for applying for Temporary Protected Status (TPS)?

The process for applying for Temporary Protected Status (TPS) involves completing an application form which can be found online or at a USCIS Application Support Center. The form must be submitted with a fee and evidence of continuous residence in the U.S. since the TPS designation date and of identity. Supporting documents can include passport, birth certificate, or any other document proving identity. Once all documents are submitted, USCIS will review them and make a decision on the TPS application.

7. How much does it cost to apply for Temporary Protected Status (TPS)?

There is no fee to apply for Temporary Protected Status (TPS). However, you may need to pay a biometrics fee depending on your country of origin. As of April 2021, the fee is $85 USD.

8. Are there any renewal fees associated with Temporary Protected Status (TPS)?

No, there are no renewal fees associated with Temporary Protected Status (TPS). The U.S. Citizenship and Immigration Services (USCIS) determines annual renewal fees for certain programs. However, the fees associated with TPS are waived.

9. Can I work while I have Temporary Protected Status (TPS)?

Yes, you may work while in Temporary Protected Status (TPS). In order to apply for an employment authorization document (EAD), you must submit Form I-765 to U.S. Citizenship and Immigration Services (USCIS). If your application is approved, you will receive an EAD that will allow you to work legally in the United States.

10. Can I travel outside of the United States while I have Temporary Protected Status (TPS)?

It is generally not recommended to travel outside of the United States while you have temporary protected status. However, if you decide to travel, you must obtain advance parole from United States Citizenship and Immigration Services (USCIS) prior to your departure. Without advance parole, you may not be allowed to reenter the United States.

11. Can I apply for a green card if I have Temporary Protected Status (TPS)?

Yes. A U.S. citizen or lawful permanent resident (LPR) family member may file a petition with USCIS on behalf of a person with TPS, and if the petition is approved, the person may be eligible to adjust status to that of an LPR. However, if the person with TPS has been in the U.S. unlawfully for more than a year, he/she may be required to leave the U.S. for consular processing before being allowed to return as an LPR.

12. Does having Temporary Protected Status (TPS) prevent me from being deported?

No. TPS does not provide an individual with permanent immigration status or a pathway to citizenship. It is a temporary program designed to protect individuals from deportation for a limited period of time. The Department of Homeland Security can terminate TPS at any time, and individuals may be subject to deportation when their TPS expires or is terminated.

13. Are there any restrictions on what kind of jobs I can hold while I have Temporary Protected Status (TPS)?

Yes. There are certain restrictions on the types of jobs a person with TPS status can hold. For instance, individuals with TPS status cannot work in jobs that require access to classified information or jobs that involve national security-sensitive functions. Additionally, individuals with TPS are not eligible to work for certain government agencies, such as the Department of Defense, without receiving advanced approval from that agency.

14. Is there an expiration date for my Temporary Protected Status (TPS)?

Yes, Temporary Protected Status (TPS) is granted for a limited period of time and must be renewed periodically. The expiration date is determined by the U.S. Department of Homeland Security and is dependent on the country’s individual situation.

15. How can I renew my Temporary Protected Status (TPS) when it is about to expire?

To renew your Temporary Protected Status (TPS), you must file a new Form I-821, Application for Temporary Protected Status. You must also file a Form I-765, Application for Employment Authorization, if you wish to obtain an Employment Authorization Document (EAD). The instructions for both forms provide detailed information about how to submit your renewal application. Additionally, there may be other forms or documents you need to submit with your application as instructed in the form instructions.

16. Does having Temporary Protected Status (TPS) make me eligible for public assistance?

Possibly. Eligibility for public assistance may differ based on individual state laws and regulations. Generally, having TPS may make you eligible for programs such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), and cash assistance. Additionally, some states provide additional work authorization or assistance programs specifically for individuals with TPS. It is recommended that you contact your local Department of Social Services to learn more about what benefits may be available to you.

17. Can my dependents get a visa if I have Temporary Protected Status (TPS)?

Yes. Your dependents may be able to get a visa if you have Temporary Protected Status (TPS). Depending on the country of origin, your dependents may need to apply for a derivative TPS status. For more information about the requirements for derivative TPS status, please consult the US Citizenship and Immigration Services website.

18. How long does it take to receive a decision on my application for Temporary Protected Status (TPS)?

The processing time for TPS depends on the volume of applications received, the complexity of the case, and other factors. Generally, it can take anywhere from a few weeks to a few months.

19. Are there any exemptions to the eligibility requirements for Temporary Protected Status (TPS)?

Yes, there are several exemptions to the eligibility requirements for Temporary Protected Status (TPS). Generally, individuals must meet certain criteria to be eligible for TPS, such as having continuous physical presence in the United States, having entered the U.S. before a specific date, and not being inadmissible. However, certain individuals may be exempt from these requirements due to being victims of human trafficking or domestic abuse, lawful permanent residents, or individuals who have been granted asylum.

20. What happens if my application for Temporary Protected Status (TPS) is denied?

If your application for TPS is denied, you will be subject to removal proceedings before an immigration judge. During removal proceedings, you may be able to present other forms of relief or defenses to deportation that may grant you lawful immigration status in the U.S. Additionally, if your application for TPS is denied, you may have the right to appeal the decision within 30 days of receiving the denial decision.