Temporary Protected Status (TPS) offers a lifeline to individuals from certain countries facing dangerous conditions. Whether due to armed conflict, natural disasters, or other emergencies, TPS allows eligible individuals to remain in the U.S. without fear of deportation. It also provides work authorization, allowing recipients to support themselves and their families. While TPS does not lead directly to permanent residency, it offers security and stability for those who qualify. Understanding how TPS works and what rights it provides can help you make informed decisions about your future.
Who Qualifies for TPS?
To qualify for Temporary Protected Status, you must meet specific requirements set by the U.S. government. TPS is granted to individuals from designated countries facing unsafe conditions, such as armed conflict or natural disasters. Eligibility is based on nationality, residency, and other factors.
You may qualify for TPS if you:
- Are a national of a designated TPS country – The Department of Homeland Security (DHS) updates the list of eligible countries.
- Have continuously resided in the U.S. since the date specified for your country’s designation.
- Were physically present in the U.S. from the date TPS was granted for your country.
- File during the designated registration period or qualify for late filing under specific circumstances.
- Have no disqualifying criminal record – A felony or multiple misdemeanors can make you ineligible.
Your Rights Under TPS
If you are granted TPS, you have important legal protections while living in the U.S. One of the most significant rights is protection from deportation. As long as your TPS remains valid, the government cannot remove you from the country unless you violate the conditions of your status.
You also have the right to apply for work authorization. With an Employment Authorization Document (EAD), you can legally work in the U.S., giving you access to more job opportunities. In many states, TPS holders can also apply for a driver’s license, making it easier to live and work independently.
Another key right is the ability to request travel authorization, known as advance parole. If approved, you can travel outside the U.S. and return legally. Additionally, TPS holders have due process rights, meaning you can challenge a denial or revocation of status through the proper legal channels.
How to Apply for TPS
Applying for TPS involves several important steps. Filing correctly and on time is key to avoiding delays or denials. Here’s what you need to do:
- Confirm your country’s TPS designation – Check the U.S. Citizenship and Immigration Services (USCIS) website to ensure your country is currently designated for TPS.
- Gather required documents – You will need proof of nationality, evidence of continuous U.S. residence, and identification documents.
- Complete Form I-821 – This is the official TPS application form, which must be filled out accurately.
- Apply for work authorization (Optional) – Submit Form I-765 if you want an Employment Authorization Document (EAD).
- Attend a biometrics appointment – USCIS may require fingerprints, photographs, and background checks.
Renewing TPS and Maintaining Your Status
Temporary Protected Status is granted for a set period, and the government determines whether to extend it. If your country’s designation is renewed, you must reapply to maintain your status. This includes submitting a new Form I-821 and, if needed, renewing your work authorization with Form I-765.
Staying informed about deadlines is important—missing a renewal could result in losing your protection from deportation and your ability to work legally. You must also continue meeting all eligibility requirements, including maintaining continuous residence in the U.S. and avoiding disqualifying criminal convictions or immigration violations.
What Happens When TPS Ends?
When the U.S. government ends a country’s TPS designation, beneficiaries must take steps to protect their legal status. If TPS is not renewed, your protections and work authorization will expire. Here are your options:
- Apply for another immigration benefit – You may qualify for asylum, family-based petitions, or employment-based visas.
- Seek legal status through marriage or other means – If eligible, you can explore permanent residency options.
- Request advance parole before TPS expires – In some cases, traveling and reentering with advance parole may create new opportunities.
- Prepare for departure – If no options exist, you may need to plan to leave the U.S.
Consulting with an immigration attorney can help you understand the best path forward before your TPS expires.
Protect Your Future with TPS
Temporary Protected Status provides important protections, but staying informed about deadlines and rights is key to maintaining your status. If you need help applying, renewing, or exploring other immigration options, Central Justice is here to assist you. Contact us today to discuss your case and secure your future.
