How Do I Apply for Temporary Protected
What is Temporary Protected Status?
Temporary Protected Status
(TPS) is a temporary immigration status granted to eligible nationals of
designated countries. TPS beneficiaries will not be required to leave the United States
and may obtain work authorization for the initial TPS period and for any
extensions of the designation. TPS does not lead to permanent resident status.
When the Secretary of Homeland Security (Secretary) terminates a TPS
designation, beneficiaries will return to the same immigration status they had
before TPS (unless that status has expired or has been terminated) or to any
other status they may have been granted while in TPS.
The Secretary may designate a
country for TPS when he/she determines, after consulting with appropriate
government agencies, that:
There is an ongoing armed conflict within the state and, due to that conflict,
return of nationals to that state would pose a serious threat to their personal
The state has suffered an environmental disaster resulting in a substantial,
temporary disruption of living conditions, the state is temporarily unable to
handle adequately the return of its nationals, and the state has requested TPS
There exist other extraordinary and temporary conditions in the state that
prevent nationals from returning in safety, unless the Secretary finds that
permitting nationals of the state to remain temporarily is contrary to the
national interest of the United States.
A TPS designation will be
effective for a minimum of 6 months and a maximum of 18 months. Before the end
of the TPS designation period, the Secretary will review the conditions in the
designated state and determine whether the conditions that led to the TPS
designation continue to be met. Unless a determination is made that those
conditions are no longer met, the TPS designation will be extended for 6, 12,
or 18 months. If the conditions that led to the TPS designation are no longer
met, the Secretary will terminate the TPS designation. Designations,
extensions, terminations and other documents regarding TPS are published in the
Where Can I Find the Law?
Section 244 of the
Immigration and Nationality Act establishes the general framework and
substantive standards of the TPS program. The specific eligibility requirements
and procedures for applying for temporary protected status are included in the
Code of Federal Regulations [CFR] at 8 CFR § 244.
Who is Eligible?
You may be eligible to apply
for temporary protected status if:
You are a national of a country designated for TPS. (You may also be eligible
if you are a person who has no nationality but last habitually resided in a
designated country.) Please see our list of countries designated for temporary
You apply for TPS during the specified registration period. The registration
period is stated in Federal Register notices of designation and is also
generally noted in USCIS press releases. For specific Federal Register notice
cites, please see our list of countries currently designated for temporary
You have been continuously physically present in the United States since the TPS
designation began, or since the effective date of the most recent
re-designation. For dates of specific country designations, please see our list
of countries designated for temporary protected status.
You have continuously resided in the United States since the date
specified in the Federal Register notice of designation. This date may be
different than the effective date of the TPS designation.
You are admissible as an immigrant and are not otherwise ineligible for TPS.
Applicable grounds of inadmissibility and bases for ineligibility are specified
in CFR 244.3 and 244.4, respectively. You may also consult the instructions on
USCIS Form I-821 (Application for Temporary Protected Status).
How Do I Apply?
If you are applying for TPS
for the first time, you must complete USCIS Form I-821 (Application for
Temporary Protected Status) and submit a filing fee, supporting evidence of
identity and nationality, proof of residence, and, if you are age 14 or older,
a fee for biometric services. If you are between the ages of 14 and 65 and want
employment authorization, you should also complete and submit USCIS Form I-765
(Application for Employment Authorization) with the appropriate fee. Applicants
who already have or do not wish to receive employment authorization still must
submit a completed USCIS Form I-765 with their Form I-821, but without the
accompanying fee. If you are over the age of 14, you will be called by the
USCIS for biometrics after you send in your application.
If you are granted TPS, you
must re-register with the USCIS for each period that your TPS benefits are
extended. To re-register, submit a completed USCIS Form I-821 and USCIS Form
I-765 during the period stated in the Federal Register notice of extension of
the TPS designation. You do not have to send in another fee for USCIS Form
I-821, but you must submit a fee for USCIS Form I-765 if you are between the
ages of 14 and 65 and are requesting employment authorization. If you do not
re-register each period, your TPS may be withdrawn.
Forms are available by
calling 1-800-870-3676, by viewing our online Forms Page, or by submitting a
request through our forms by mail system. After receiving your forms, read the
instructions carefully and note the documentation that must be submitted. For
further information on filing fees, please see USCIS filing fees, fee waiver
request procedures, and the USCIS fee waiver policy memo. Please see our
fingerprinting Webpage for more information on USCIS biometric services
For filing locations, please
go to the main TPS page for your country of origin, or call the USCIS National
Center at 1-800-375-5283.
Will I Get a Work Permit?
If your TPS application is
approved, you will receive work authorization (if requested). At the same time
you apply for temporary protected status, you must submit USCIS Form I-765
(Application for Employment Authorization) and the appropriate fee to apply for
a work permit. Applicants who already have or do not wish to receive employment
authorization still must submit a completed USCIS Form I-765, but without the
required fee. Please see How Do I Get a Work Permit? for more information.
May I Travel Outside the United States?
An individual granted TPS
must remain continuously physically present in the United States. The grant of TPS
status does not mean that you have permission to travel abroad, though
permission to travel may be granted by the district director in accordance with
the advance parole regulations. There is no appeal to a denial of advance
parole. Failure to obtain advance parole prior to traveling abroad may result
in the withdrawal of your TPS and/or the institution or re-calendaring of
removal proceedings. For more information, please see How Do I Get a Travel
How Can I Check the Status of My
Please contact the USCIS
office that received your application. You should be prepared to provide the
USCIS staff with specific information about your application. Please click here
for complete instructions on checking the status of your application.
May I Appeal?
If your application for TPS
is denied, you will receive instructions telling you whether or not you are
allowed to appeal the decision. Instructions on how to appeal will be included
in the notice of denial. If you need more information, please see How Do I
Appeal the Denial of Petition or Application? and 8 CFR § 244.10 in the Code of