What is TPS status

Understanding what is TPS status means knowing it is a temporary immigration protection granted to nationals of certain countries designated by the U.S. government.

This status can stop a deportation and allow you to apply for a work permit, as long as the person meets the eligibility requirements.

In the following lines, you’ll see a clear, 2026-updated explanation of how TPS works, what it protects, what it does not give you, and what the real benefits are so you can make decisions without costly mistakes.

A clear guide to understanding what is TPS status in 2026

Temporary Protected Status (TPS) is a humanitarian protection that the U.S. government may grant to people who:

• Are already inside the United States, and
• Are nationals (or in some cases, habitual residents) of countries that have been specifically designated.

The idea behind TPS is simple: if returning to your country is not safe due to armed conflict, an environmental disaster, or other extraordinary and temporary conditions, the government may allow you to stay lawfully in the U.S. for a limited period of time.

What matters most is understanding that TPS is not “automatic” just because you are from a designated country. You must apply, prove your identity/nationality, and meet the required physical presence and continuous residence dates for your country.

Key note: To confirm current information (and avoid outdated lists), the safest reference is the official USCIS TPS page. Also, when you have questions about a specific country, always review that country’s official designated-country page (for example, TPS for Venezuela).

What TPS protects and what it does NOT give you

What TPS protects

• It gives you a temporary status that, while it is valid and you follow the rules, helps you avoid deportation based solely on not having immigration status.
• It allows you to apply for a work permit (EAD).
• In many cases, it allows you to apply for travel authorization (an additional filing).

What TPS does NOT give you

• It is not lawful permanent residence (it does not give you a Green Card).
• It is not U.S. citizenship.
• It does not “fix” an illegal entry by itself or erase inadmissibility issues.
• It does not automatically create a path to a Green Card, although it can coexist with other options if you qualify.

Knowing this avoids a very common misunderstanding: TPS can provide temporary stability, but if your long-term goal is permanent residence, it may make sense to evaluate parallel options such as adjustment of status (only if you truly meet the requirements for that path).

Why a country is designated for TPS and who decides

A country may be designated for TPS status when the U.S. government, through the Department of Homeland Security (DHS), concludes that it is not safe or not feasible for its nationals to return at that time.

The most common reasons include:

• Armed conflict.
• Natural or environmental disaster.
• Extraordinary and temporary conditions.

This explains why TPS goes up and down: it is not a permanent benefit, but a decision that is reviewed over time. That is why articles that publish “fixed lists” without teaching you how to verify the information often become outdated quickly.

Important update (current for 2026)

For some countries, DHS has published TPS termination notices, but later federal courts have issued orders that pause or block those terminations while litigation continues.

That is why “ended” and “will end” can change because of court rulings, and verification on USCIS should happen before you take action.

Practical rule: If you see a country list with old dates, do not treat it as fact until you confirm it on USCIS.

TPS-designated countries in 2026

Temporary Protected Status (TPS) is only available to nationals of countries the U.S. government keeps designated during 2026. The table below helps you quickly identify whether your country is included and what that designation means in practice.

Country	TPS Status	Valid through / key date	Where to confirm (USCIS EN)
Haiti	Active (there was a termination attempt, but it was blocked by a court order)	Through February 3, 2026 (USCIS-listed validity; subject to litigation-related changes)	USCIS – TPS Haiti
El Salvador	Active (but with a published termination)	Termination effective: September 9, 2026	USCIS – TPS El Salvador
Nicaragua	Not active (published termination)	Termination effective: September 8, 2025	USCIS – TPS Nicaragua
Myanmar (Burma)	Active for now (termination announced)	Announced termination: January 26, 2026	USCIS – TPS Burma (Myanmar)
Venezuela	Not active (based on reports about terminations/rollbacks and subsequent decisions)	Reported key dates: part of TPS was rolled back (e.g., 2023) and the remaining 2021 designation has been cited with an end date of September 10, 2025	USCIS – TPS Venezuela
Afghanistan	Not active (reported termination)	Reported key date: termination cited for July 14, 2025	USCIS – TPS Afghanistan
Honduras	Check (historically active, but there have been termination announcements)	Verify the exact published date on the official country page (it can change due to litigation/notices)	USCIS – TPS Honduras
Sudan	Check (may remain designated, but confirm current extension/termination)	Verify the published validity (extensions/notices vary by country)	USCIS – TPS Sudan
South Sudan	Check (there have been recent changes/notices)	Verify the published validity (there may be stays/administrative changes)	USCIS – TPS South Sudan
Somalia	Check	Verify the published validity	USCIS – TPS Somalia
Syria	Check	Verify the published validity	USCIS – TPS Syria
Yemen	Check	Verify the published validity	USCIS – TPS Yemen
Ukraine	Check	Verify the published validity	USCIS – TPS Ukraine

Important: If your country is designated for TPS, that does not mean you qualify automatically. Eligibility depends on entry dates, continuous residence, immigration history, and criminal background. TPS can change during the year due to extensions, terminations, or court decisions—so always verify before filing.

Real-world TPS benefits: work, stability, and options

When TPS is approved, it typically brings three concrete benefits that affect daily life:

Temporary protection from deportation based on status

You do not get “total immunity,” but you do get temporary legal protection while TPS is valid and you follow its requirements. In practical terms, you cannot be removed solely for lacking immigration status during that period.

Work permit (EAD)

TPS allows you to apply for employment authorization in the United States. This is crucial because it opens the door to formal employment, better job mobility, and real financial stability.

If your priority is to work legally, it’s worth learning the details: many people confuse TPS with other types of authorization and make strategic mistakes when applying for an EAD with USCIS. To go deeper, see our guide: How to Get Employment Authorization in the US.

Time to plan your immigration strategy

TPS is not a Green Card, but it can give you time and stability to:

• Organize your immigration situation,
• Gather documents,
• Evaluate realistic options, and
• Avoid rushed decisions that could hurt your case long term.

Real requirements to qualify for TPS in the U.S.

To understand what is TPS status in real life, you have to go beyond the definition and focus on what USCIS actually reviews when evaluating an application.

In general, a person may qualify if they meet all of the following:

• They are a national of a TPS-designated country or, in limited cases, a person without nationality whose last habitual residence was in that country.
• They have been physically present in the United States since the required date for their country (continuous physical presence).
• They have actually lived in the United States since the date set in the designation (continuous residence).
• They file within the allowed window or meet the rules for late initial filing.
• They do not have serious inadmissibility issues or disqualifying criminal history.

Key point almost no one explains well: continuous physical presence and continuous residence are not the same.

• Physical presence is proven by being in the U.S. since a specific date.
• Residence is proven by evidence that you were actually living here since that date.

Confusing these concepts is a common reason for denials or RFEs.

Who is NOT eligible for TPS (and why)

Not everyone from a designated country qualifies. USCIS may deny TPS if you:

• Are inadmissible under certain immigration grounds.
• Do not meet the continuous presence or continuous residence rules.
• Fail to re-register when required by U.S. law.
• Have a criminal history that disqualifies you.
• Are linked to persecution, terrorism, or threats to security.

A critical issue is criminal history. Even misdemeanors can affect eligibility, depending on the number, type, and final disposition of the case.

If you have a record and want to know whether a lawful option may still exist, this resource is important: Can a misdemeanor affect my Green Card application?.

Documents USCIS requires for TPS (a real checklist)

One of the most common mistakes is listing forms without explaining what evidence actually prevents delays, RFEs, or denials. In practice, USCIS expects a coherent packet, with forms supported by clear and consistent proof.

Main forms

• Form I-821 (TPS Application).
• Form I-765, only if requesting a work permit.
• Form I-601, only if you need to request a waiver of inadmissibility.

Identity and nationality evidence

USCIS prefers primary evidence, but will accept secondary evidence if properly explained:

Primary (best):

• Passport.
• Birth certificate + photo ID.
• National ID with biometric data.

Secondary (if primary is unavailable):

• Affidavits.
• School, medical, or religious records.
• Consular documents.
• A clear explanation of why primary evidence could not be obtained.

Entry evidence and key dates

• Passport with entry stamps.
• Form I-94, if available.
• Records that prove your presence in the U.S.

Continuous residence evidence

• Lease agreements, bills, receipts.
• Employment records.
• Medical records.
• Letters from churches, organizations, or schools.

Important: All documents in another language must be translated properly. Incomplete or generic translations often lead to a Request for Evidence (RFE).

How to apply for TPS step by step (without common mistakes)

Step 1: Confirm your country and the required dates

Never rely on old lists. Always verify the designated country and the exact dates before preparing your TPS application.

Step 2: File Form I-821

Your filing must be complete, signed, submitted with correct fees, and supported by consistent evidence (no contradictions).

Typical errors:

• Dates that don’t match across forms.
• Long gaps in residence with no explanation.
• Insufficient evidence for key periods.

Step 3: Biometrics appointment

USCIS may schedule an appointment for fingerprints and a photo. Missing it without rescheduling can cause the case to be treated as abandoned and lead to a rejection.

Step 4: Track your case

If USCIS detects an issue, it will send a notice requesting additional information or clarification. Ignoring it or responding late often results in a denial—even when the case could have been approved.

If your case is already in removal proceedings, it’s crucial to know what to do from the start—especially if you receive a Notice to Appear in immigration court. In these situations, strategy changes and must be handled carefully.

TPS for Venezuelans: how it applies and what confusion to avoid

What is TPS status for Venezuelans in the U.S., and how it works in practice

When people talk about what is TPS status for Venezuelans in the U.S., the confusion usually comes from mixing designations, extensions, and court decisions that happened at different times.

TPS for Venezuela is the same general program, but it comes with country-specific dates, requirements, and scope depending on the designation that is in effect when the person applies.

Official update on Venezuela

USCIS has issued multiple designations and extensions for Venezuela in recent years. In practice, some people may have documents or employment authorization valid into 2026, but that does not apply automatically to everyone.

Real validity depends on case-specific factors such as which designation you filed under, what document USCIS issued, and whether you met the requirements.

In practical terms, TPS can allow eligible Venezuelans to:

• Remain temporarily in the U.S. without being removed solely for lack of status.
• Apply for a work permit.
• Maintain protection during the relevant designation/extension period.

Critical point: eligibility depends on when you arrived, when you began residing in the U.S., how you filed, and which designation applies.

Venezuela-specific TPS requirements

In addition to the general TPS rules, Venezuelans must meet specific physical presence and continuous residence dates that vary by designation announced by the government at the time of filing.

Generally, USCIS checks that the person:

• Is a Venezuelan national or, in limited cases, that their last habitual residence was Venezuela.
• Has been physically present in the U.S. since the required date for the applicable designation.
• Has maintained continuous residence in the U.S. since the date set by USCIS.
• Filed within the permitted period or qualified for valid late initial filing.

This is where many cases fail: it is not enough to be Venezuelan or to have entered before a certain date. USCIS requires strong, continuous evidence showing the person was actually living in the U.S. during the key months.

If you arrived after the required dates or do not qualify for TPS, you may still have other options available. We can help you review what applies to your situation.

TPS for Venezuelans vs. humanitarian parole: not the same

One of the most common mistakes is assuming TPS and humanitarian parole are the same. They are not, and confusing them can lead to the wrong strategy:

• TPS: temporary protection for people from a designated country who were already in the U.S. before certain dates.
• Humanitarian parole: a discretionary permission to enter or remain temporarily; it is not immigration status and it has different legal effects.

Update note (current for 2026): some categorical parole processes such as CHNV (Cuba, Haiti, Nicaragua, and Venezuela) were terminated. Do not assume it is an “open” or automatic alternative to TPS.

If you need to understand requirements and strategic risks, see our guide to the Humanitarian Parole Program.

Common mistake: filing TPS when another path was actually better (or vice versa). This leads to denials and wasted time.

Practical example: A Venezuelan who arrived recently may not meet the continuous physical presence requirement for TPS. In that case, the alternative is not “just assume parole”—you must evaluate what options exist today and whether the immigration history supports a safe strategy. On the other hand, someone with an earlier presence date could qualify for TPS even without a sponsor.

What happens if USCIS denies TPS to a Venezuelan

If USCIS denies TPS, the impact depends on whether the person:

• Is or is not in removal proceedings.
• Has other relief available.
• Can appeal or file a motion.

Options may include:

• Appealing the decision if the law allows it.
• Filing a motion with additional evidence.
• Exploring alternative relief if TPS is not viable.

To understand this scenario without guessing, we recommend: Appeal an immigration decision.

Also, if the person faces a real risk of deportation, a different option may be cancellation of removal, which in certain cases can even lead to lawful permanent residence.

Frequently asked questions about TPS for Venezuelans in the U.S.

What is TPS for Venezuelans in the U.S.?

It is the same TPS program applied to Venezuela as a designated country. Eligibility depends on specific dates, continuous presence and residence, and how the application was filed.

Do all Venezuelans qualify automatically?

No. Even if Venezuela is designated, each person must prove they meet the requirements. Nationality alone is not enough.

Are TPS and humanitarian parole the same?

No. They are different benefits with different rules. Also, some categorical parole processes (like CHNV) were terminated, so it is smart to verify what options exist today before basing your strategy on “parole.”

TPS costs and timelines (and TPS in immigration court)

TPS costs in the U.S. and how to verify them in 2026

One of the most common mistakes when applying for TPS is using old fees or assuming the cost is always the same.

In 2026, the filing cost is not fixed and depends on factors such as whether it is an initial filing or a re-registration, and whether you also request a work permit.

In practice, a TPS filing may include:

• Form I-821, which is the foundation of the filing.
• Form I-765, only if requesting a work permit.
• Biometrics services, when USCIS requires them.

Total fees can vary based on age, filing type, and whether you request an EAD. To avoid rejections for incorrect payment, confirm the exact amount before filing by using the official USCIS Fee Calculator.

Today, an incorrect payment is rarely “fixed” automatically. In many cases, the packet is rejected and returned, which wastes time and—if the window is closing—creates a real risk of missing the deadline.

Processing times and what to realistically expect

TPS is not approved immediately, and timelines vary depending on filing volume, the designated country, whether you request an EAD, and whether USCIS issues an RFE.

In practice, you usually receive a receipt first; then USCIS may schedule biometrics; and an EAD can take months—even when the TPS case is approvable.

This is where many applicants get frustrated and make mistakes (leaving the country without permission, working without an EAD, or changing addresses without reporting it). If your address changes, you must report it, because missing a notice can mean losing your case.

TPS before an immigration judge: when it happens and what it means

In some cases, TPS becomes relevant inside an active removal case in immigration court. This can happen when someone already has a case before a judge and, during that process, their country receives TPS designation.

In these situations, the immigrant may:

• Seek or defend TPS in front of an immigration judge, or
• Continue the process with USCIS, but with the case supervised by the court (hearings and court deadlines).

The judge does not “approve” TPS the way USCIS does, but the judge can evaluate eligibility, the status of the filing, and whether the court case should be paused, closed, or continue.

Note: In these scenarios, it helps to understand how hearings work and what documents are presented. Learn more in our guide to the Individual hearing in immigration court.

Re-registration, losing TPS, and mistakes that can cause it to end

TPS is not permanent and requires ongoing attention. To keep it, you must re-register when the window opens, maintain continuous eligibility, and avoid conduct that disqualifies you.

Mistakes that can cause you to lose TPS

• Failing to re-register on time.
• Leaving the U.S. without travel authorization.
• Accumulating criminal history that disqualifies you from TPS.
• Ignoring official notices.

If TPS is lost and you are left without protection, it is essential to act quickly and evaluate lawful alternatives before the situation escalates.

Frequently asked questions about what is TPS status

Can I keep TPS indefinitely?

No. TPS is temporary and depends on periodic decisions by the U.S. government. You must re-register when the window opens and continue meeting the requirements. There is no guarantee of automatic extension.

Does TPS let me travel outside the United States?

Only if you obtain travel authorization before leaving. Traveling without that permission can lead to loss of TPS and serious problems returning.

Does TPS lead to a Green Card?

Not directly. TPS is not a path to a Green Card, but it can exist alongside other options if you qualify, such as a family petition or relief in immigration court.

What happens if my address changes while I have TPS?

If your address changes, you should notify USCIS as soon as possible. Missing a notice because you failed to update your information can cause delays, RFEs, or even loss of the benefit.

Mistakes that most harm a TPS application

Some of the most common mistakes that can hurt a TPS application include:

• Submitting incomplete evidence of continuous residence or continuous physical presence.
• Using incorrect or outdated fees.
• Confusing physical presence with residence.
• Failing to respond on time to a USCIS notice.
• Leaving the country without travel authorization.
• Assuming TPS “fixes everything” and not planning alternatives.

Avoiding these mistakes often makes the difference between approval and denial.

Immigration lawyers for TPS status: when to seek legal help

Applying for TPS may look simple, but it can get complicated fast when there is:

• Criminal history.
• Irregular immigration history.
• Late initial filings.
• An active immigration court case.
• A plan to pursue a Green Card in the future.

At Curbelo Law, our immigration lawyers in New Jersey analyze your case strategically—not only to pursue TPS, but also to protect your long-term immigration future. A timely consultation can save you months of delays and unnecessary risks.