If you have ever wondered what TPS status is in the USA, in this article we will tell you in detail everything you should know about the Temporary Protected Status for the United States.
At Curbelo Law you will find the best immigration lawyers in New Jersey able to explain you the legal path to apply for this immigration protection. Call today and get a private consultation on your case.
What Is Temporary Protected Status (TPS) In The USA
Temporary Protected Status (TPS) is granted only to citizens of certain countries who would run some kind of risk or insecurity when returning to their country of origin if deported from the United States.
TPS can also be granted to people without nationality, as long as they meet the requirements for their eligibility. In May 2021, approximately 300,000 foreign nationals residing in the United States benefited from TPS.
Reasons To Apply For A TPS
Countries eligible for TPS can apply for any of the following reasons:
- Natural disaster. Those countries that have suffered a natural disaster such as a hurricane, earthquake, epidemic or other environmental reasons, may apply for a TPS.
- Temporary conditions. The US government will determine what temporary or extraordinary conditions the country of origin has to apply.
- Conflicts. If a country is in a warlike conflict such as a civil war or threat to personal security, TPS status can become an option.
Benefits Of Temporary Protected Status (TPS)
Since we now know what TPS is in the USA, we must also know the benefits it brings to everyone who applies. Among the benefits we find the following:
- You cannot be deported from the United States.
- DHS can not detain you if you are considered for TPS.
- You will be able to obtain a permit to travel legally.
- You will be able to get an Employment Authorization Document (EAD) and be able to work in the US.
The TPS is only temporary and does not work to get the Green Card. However, you will be eligible to:
- Apply for an adjustment of status in the United States.
- Apply for Nonimmigrant status.
- Be eligible for any other immigration protection benefit.
Becoming eligible for TPS will not affect you on applications such as political asylum in the United States or special juvenile immigrant status. If your asylum application is denied, you can still apply for TPS even if the basis for your application was the same.
Who Is Eligible For TPS?
The requirements to be eligible for TPS status are as follows:
- You must be a citizen of a country designated for a TPS.
- If you do not have a nationality, you can apply if your last residence was in one of the countries designated for TPS.
- You have been continuously physically present (CPP) in the US since the effective date of the TPS.
- You have continuously resided (CR) in the US since the date specified for your country.
You will NOT be eligible for TPS status in the US if:
- You are considered as inadmissible by section 212 (a) of the INA.
- You do not meet the residency or continuous presence requirements in the US.
- In case of obtaining a TPS and not re-registering as established by law.
- You have committed a misdemeanor or felony in the United States.
- You are about to initiate a terrorist activity or you are persecuting a person.
Visit our related article on how to legally enter the United States.
What Is TPS In The USA For Venezuelans?
As of July 21, 2021, Venezuelans can be eligible for temporary protected status and submit Form I-821, Application for Temporary Protected Status online. This was stated by the United States Citizenship and Immigration Services (USCIS).
In addition, Venezuelan applicants may request the EAD document to be able to work legally through Form I-765, Application for Employment Authorization or with Form I-821.
USCIS clarified that Venezuelans can submit 12 forms online, these can be found on the Forms Available for Online Filing page. In order for you to apply this form, you must create an account with USCIS.
The TPS registration period for Venezuelans runs from March 9, 2021 to September 9, 2022.
Requirements To Apply For TPS In The USA For Venezuelans
If you are Venezuelan, you must meet the following requirements:
- Have continuously resided in the US before March 8, 2021.
- You must be a Venezuelan citizen or have had the Venezuelan country as your last residence.
Countries Designated For TPS In 2022
In September 2021 the list of countries designated for TPS in 2022 was updated. Among the participating countries to apply for this status are:
- Burma (until November 25, 2022).
- El Salvador (until December 31, 2022).
- Haiti (until December 31, 2022).
- Honduras (until December 31, 2022).
- Nepal (until December 31, 2022).
- Nicaragua (until December 31, 2022).
- Somalia (until March 17, 2023).
- Sudan (until December 31, 2022).
- South Sudan (until May 2, 2022).
- Syria (until March 28, 2022).
- Venezuela (until September 9, 2022).
- Yemen (until March 3, 2023).
What Documents Do You Require For TPS?
In order to request a TPS you must have the following documents:
- File Form I-821.
- You can also request the Employment Authorization Document (EAD).
- To apply for the EAD, you will need to file Form I-765 and submit it along with Form I-821.
- If you are inadmissible and require a waiver for TPS, you will need to include Form I-601, Application for Waiver of Grounds of Inadmissibility.
You must submit the following evidence:
- Nationality and identity. It will demonstrate that you are from a designated TPS country or have a designated country of last residence.
- Continuous residence (CR) . It will show that you have lived in the US since the specified date of continuous residence in your home country.
- Date of entry. It will show when you entered the US.
All documents must be in English. If you do not have them, you will need to translate them with a qualified interpreter. The translator must demonstrate that:
- You master the English and Spanish language to perfection.
- The translation must be true and accurate.
Next, we will show you in more detail this type of evidence that you must demonstrate:
Evidence Of Nationality And Identity
USCIS recommends that you submit primary evidence and secondary evidence. The primary evidence consists of:
- A copy of your passport.
- A copy of the birth certificate along with a recent photo identification.
- Any national identity document that was issued in your country of origin where it contains your biometric data (photograph, fingerprints and others). This also includes documents issued by the US embassy or consulate.
In the event that you do not have primary evidence, you will have to submit:
- An affidavit.
- A detailed explanation of why the consular process in your home country was invalid for you.
- Some evidence of the efforts you made to get the documents processed.
USCIS may request an interview to verify your nationality and identity. At that time, you can submit the missing documents.
For secondary evidence, you must submit:
- A certificate of naturalization or nationality.
- It does not matter if you do not have a photograph and / or fingerprints.
- A baptism certificate, if in this document appears your nationality or your parent’s nationality.
- A copy of the school or medical record, as long as they have information showing that you are a citizen of the country designated to TPS status.
- A copy of some other immigration document that shows some evidence of your nationality or identity.
- An affidavit from family or friends proving your identity, place of birth and nationality.
- The person who takes the pledge, must also demonstrate the relationship they have with you and have knowledge about your place of birth and the nationality of your parents.
Evidence Of Entry Date
- A copy of your passport.
- You must have a form I-94, Arrival / Departure Record
- A copy of the documents specified in “Evidence of Continuous Residence”
Evidence Of Continuous Residence
- Any rent receipt, electricity bills or letters from companies.
- Some employment record.
- Records of hospitals, clinics or hospitalization.
- Statements of an official representative of your church, organization or other where they know you and inform where you live.
- Records of the U.S. schools you and your children attended, if any.
Application Process For TPS status
1 # Submit The Petition
The first step in applying for TPS status is to have prepared all the forms, evidence, and fees. You will need to sign the application and include the exact amount your application requires to process.
2 # USCIS Will Receive Your Application
- The second step is to wait for USCIS to receive your application and review it. If your process meets all the basic requirements, the case will proceed.
- If your application is rejected at the beginning of its review, you will be able to resubmit a new one within the indicated period. USCIS will send you the issues found in a notice.
- If the application was rejected because you are not eligible for a fee waiver, you will need to submit a new fee waiver request.
If you do not receive any notification or information within three weeks of submitting your application, immediately contact USCIS at 800-375-5283.
You can check the status of your case online through the USCIS website.
3 # USCIS Will Contact You
USCIS will require taking your biometric data (photograph, fingerprints and signature), you will be sent a notification to attend the appointment at an Application Assistance Center (ASC).
Minors under 14 years of age will not be required to submit their biometric data. These data are required to verify identity and background.
4 # Go To The ASC
You should bring the following to your appointment with the ASC:
Evidence of your nationality or identity can be a photograph or your passport.
- Notification of the appointment to the ASC.
- The acknowledgment of receipt.
- Current EAD if you have one.
In case you cannot keep your scheduled appointment, you can always reschedule. In order to do this, you will need to:
- Make a copy of the ASC notice.
- Save it.
- Send the original notification with the rescheduling request to the ASC address.
You must submit the rescheduling request once you are aware of the problems presented prior to your appointment date.
Note: If you do not show up for the ASC appointment without rescheduling, your request for TPS may be denied due to abandonment. If you must make an emergency trip abroad, you can request an expedited procedure with Form I-131.
If you are traveling to another country, you may want to know what are the main types of American visas available.
5 # USCIS Will Evaluate Employment Authorization
If you are not interested in an EAD, you can skip this step and go to step 6. If you want a work permit, then:
- If you are applying for TPS status for the first time and want to get an EAD:
- USCIS will determine if you are eligible to work in the US.
- If USCIS denies the application and you decide to appeal. You may request a review with an immigration judge. Your EAD permit will be extended thanks to Form I-765 for the duration of this process.
- If you are re-registering for TPS and are interested in obtaining the EAD, you will receive such permission when your application is completed.
If you are interested in knowing how to get a work permit in the United States while being illegal , you can visit our article dedicated about the PERM labor certificate steps.
6 # USCIS Will Adjudicate Your Application
In this step, additional documentation may be requested to demonstrate eligibility. If you receive a notification, you should respond immediately and avoid delays.
When USCIS reviews the case, you will be notified whether the TPS status petition is approved or denied. If you must file a Form I-601 for an immigration waiver of inadmissibility, USCIS will give you the option to file it within a specified period.
7 # USCIS Will Approve Or Reject The Application
In this last step you can find different scenarios:
- Application Approved: USCIS will notify you of the approval. If you applied for an EAD permit, you will receive the notification.
- Re-registration Application Approved: You will receive a notification from USCIS. If you did not apply for an EAD, you will receive the approval notice.
- If you applied for an EAD permit, USCIS will send you a new EAD permit.
- Application Denied: USCIS will send you a letter stating the reasons why it was not approved. It will also give you the opportunity to appeal your immigration decision.
Late Application Submission
USCIS can accept a late application for enrollment to TPS by submitting it along with your application for re-enrollment.
Late Re-Registration for TPS
If you have a situation that causes a late re-registration, you must submit a letter explaining in detail why it was delayed.
This situation can slow down the process and cause some interruptions for the EAD.
Late Initial filing for TPS
You can apply for TPS for the first time during an extension of your period. However, you must meet the following requirements:
- Having a a non-immigrant visa.
- Got voluntary departure status or got relief from deportation.
- You were or are the spouse of a person eligible for TPS.
- You have an application for adjustment of status, change of status, asylum, or any other type of relief or appeal.
- You are an immigrant with a temporary stay permit or an application for a new immigration parole.
TPS Granted By An Immigration Judge
You can get a TPS status through an immigration judge, the steps to get it are:
- The immigration judge or the Board of Immigration Appeals (BIA) will grant you TPS status after providing USCIS with the necessary evidence when you apply for your first TPS. You must also submit a copy of Form I-821.
- You will need to refer to the information shown below:
- If the first TPS benefit is your first EAD:
- Submit only Form I-765 with specified fees.
- You will have to send the form to the email address that appears on the TPS page in your country of origin.
- For a travel authorization :
- File Form I-131.
- Send it by mail to one of the addresses indicated on the form.
- Your first re-registration :
- File Form I-821 with the appropriate fees.
- Submit the TPS application to the address listed on the appropriate TPS page.
- If the first TPS benefit is your first EAD:
Frequently Asked Questions About the TPS status In The USA
Remember that these are general informational questions and answers. Contact the Curbelo Law office to let us know the details of your case. Only then can we give you a personalized response in professional consultation.
How Much Does TPS status Cost?
The cost to obtain a TPS status depends on the forms that you must submit:
- Form I-821 has a cost of $ 50.
- USCIS requires at the appointment the Biometric Service (fingerprints, photographs or signatures) whose cost is $ 85.
- If you apply at the same time for the Employment Authorization with Form I-765, the cost is $ 410.
- The total cost would be about $ 545.
- Children under 14 years of age will not have to pay for a biometric service or an EAD record.
Can I Keep TPS status?
After obtaining TPS, you will have to re-enroll each re-enrollment period and thus maintain TPS benefits.
What Happens If My Address Changes?
If your address changes at any time after submitting your application, you should immediately contact USCIS and inform them of the change.
What Happens If My Application Is Denied?
If USCIS denies your application, you can appeal this case. USCIS will inform you through the notice of the steps to appeal to the Administrative Appeals Office (AAO).
If you do not have the right to appeal when USCIS denied your application, you can go to an immigration judge.
You can also choose to submit the following forms at a TPS service center:
Lawyers In New Jersey To Apply For A TPS status In The USA
If you are looking for the best lawyers to apply for obtaining a TPS status in the USA, at Curbelo Law you will be able to get all the necessary advice for these cases. The Latina attorney Carolina T. Curbelo can help both in English and Spanish.
At Curbelo Law we have more than 10 years of experience in immigration matters. We can provide you with a private and totally confidential consultation regarding your case.
Now that you know what TPS is in the USA you have a better idea of the requirements, contact us so that we can guide you throughout the process.