For people from specific countries who are experiencing prolonged armed conflict, natural catastrophes, or other extreme circumstances, Temporary Protected Status (TPS) provides essential protection. This article provides a concise overview of TPS, detailing its eligibility criteria, benefits, and application process. Understanding TPS is essential for those seeking temporary refuge and protection in the United States.
What Does TPS Mean?
A temporary immigration benefit known as Temporary Protected Status (TPS) is awarded to qualifying individuals from nations where there is an ongoing armed conflict, a natural disaster, or other exceptional and transient circumstances that make it unsafe for them to return home. For a predetermined amount of time, beneficiaries of Temporary Protected Status (TPS) are able to stay in the country, remain immune to deportation, and may even be granted work permit.
This status does not provide a pathway to permanent residency or citizenship, but it offers temporary relief and protection to individuals unable to return to their home countries due to unsafe conditions. The Department of Homeland Security designates TPS, who evaluates conditions in designated countries and determines whether to grant or extend TPS eligibility to affected individuals.
What Factors Determine TPS Eligibility?
Several factors determine Temporary Protected Status (TPS) eligibility for immigrants in the United States:
- Country Designation – The Secretary of Homeland Security designates countries for TPS based on conditions such as ongoing armed conflict, environmental disasters, or other temporary extraordinary circumstances that prevent individuals from returning safely.
- Continuous Residence – Applicants must have continuously lived in the United States since the designated country’s TPS designation date in order to be eligible for TPS.
- Time of Entry – Individuals must have been physically present in the United States since the effective date of the country’s TPS designation or any subsequent re-designation.
- Criminal Record – Applicants with certain criminal convictions may be ineligible for TPS. Serious criminal offenses may disqualify individuals from TPS eligibility.
- Adjudication of Removal Proceedings – Individuals subject to certain immigration enforcement actions, such as removal proceedings or final removal orders, may not be eligible for TPS.
- Other Disqualifying Factors – Individuals who pose a threat to national security or public safety may be ineligible for TPS. Additionally, those with prior TPS denials or revocations may not qualify for renewed TPS status.
It’s essential for applicants to carefully review the eligibility criteria for TPS and consult with immigration professionals or legal advisors to determine their eligibility and understand the application process thoroughly.
How Is Temporary Protected Status Determined?
Temporary Protected Status (TPS) is determined by several factors, primarily assessed by the Secretary of Homeland Security. These factors include:
- Country Conditions – Conditions in designated countries, such as ongoing armed conflict, natural catastrophes, or other exceptional circumstances that hinder people from safely returning, are assessed by the Secretary of Homeland Security.
- Designation Criteria – Countries are designated for TPS based on specific criteria outlined in the Immigration and Nationality Act (INA), including ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions.
- Individual Eligibility – Eligibility for TPS is determined on an individual basis. Candidates must fulfill certain requirements, such as having lived continuously in the United States since the designated nation’s TPS designation date.
- Periodic Re-Evaluations – TPS designations are subject to periodic re-evaluations by the Secretary of Homeland Security to assess whether conditions in designated countries continue to warrant TPS designation.
- Notification and Application Process – Once a country is designated for TPS, eligible individuals from that country may apply for TPS benefits through the United States Citizenship and Immigration Services (USCIS) following specific application procedures outlined by USCIS.
Overall, TPS determination involves a comprehensive assessment of country conditions, individual eligibility criteria, and adherence to established legal procedures outlined by the INA and USCIS.
Countries Under Temporary Protected Status for 2024
As of 2024, the countries currently designated for Temporary Protected Status (TPS) by the United States government include:
- El Salvador
- Haiti
- Honduras
- Nepal
- Nicaragua
- Somalia
- South Sudan
- Sudan
- Syria
- Ukraine
- Venezuela
It’s important to note that TPS designations are subject to change, and individuals should refer to the latest updates from the United States Citizenship and Immigration Services (USCIS) or consult with legal professionals for the most current information on TPS-eligible countries.
How To Apply for Temporary Protected Status
Applying for Temporary Protected Status (TPS) involves several steps, and individuals must meet specific eligibility criteria outlined by the United States Citizenship and Immigration Services (USCIS). Here’s an overview of the application process:
- Check Eligibility – Review the eligibility criteria for TPS to ensure you meet the requirements, including continuous residence in the United States since the designated country’s TPS designation date and other specific criteria.
- Gather Required Documents – Gather all required paperwork, including as identity verification, proof of continuous residency in the US, and any additional supporting documents that USCIS specifies.
- Complete Form I-821 – Fill out and submit Form I-821, Application for Temporary Protected Status, accurately and completely. This form serves as the primary application for TPS benefits.
- Pay Fees – Pay the required filing fee for Form I-821, along with any other applicable fees, such as biometric services fees, if required. Some individuals may be eligible for fee waivers based on their financial circumstances.
As of 2024, the filing fee for Form I-821, Application for Temporary Protected Status (TPS), is $50 plus additional applicable fees. Additionally, applicants aged 14 to 65 must also pay a $30 biometric services fee, which covers the cost of fingerprinting and other biometric data collection. If you are filing for re-registration or the form is submitted through USCIS-recognized state or local government legal services clinics hosted through Dec. 31, 2024 there is no filing cost.
- Submit Application to USCIS – Mail the completed Form I-821, along with all required documentation and fees, to the appropriate USCIS address as specified in the form instructions.
- Await USCIS Decision – USCIS will review your TPS application and supporting documents to determine your eligibility for TPS benefits. Be prepared to attend any required biometrics appointments or interviews as requested by USCIS.
- Receive Decision – You will be notified of USCIS’s decision about your eligibility for TPS benefits after your application has been processed. If accepted, you’ll be given temporary protection from deportation as well as an Employment Authorization Document (EAD).
It’s crucial to carefully follow USCIS instructions and provide accurate information and documentation to ensure a smooth application process for Temporary Protected Status. Additionally, individuals may seek assistance from immigration attorneys or accredited representatives for guidance throughout the application process.
TPS Supporting Documents
The specific supporting documents required to file for Temporary Protected Status (TPS) may vary depending on individual circumstances and the designated country for TPS. However, here is a general list of common supporting documents and fees required for TPS applications:
Supporting Document
Proof of Identity
- Valid passport or other government-issued photo identification
Evidence of Continuous Residence
Documents demonstrating continuous residence in the United States since the designated country’s TPS designation date, such as:
- Utility bills
- Lease agreements
- Pay stubs
- Tax returns
- School records
- Medical records
Country-Specific Documentation
Documents providing information about conditions in the designated country, such as:
- News articles
- Reports from international organizations
- Government advisories
Form I-821, Application for Temporary Protected Status
- Completed and signed Form I-821, accurately filled out with all the required information.
Biometric Services Fee (if applicable)
- Payment for biometric services (fingerprinting) if required by USCIS.
Application Fee
- Payment of the required filing fee for Form I-821, as specified by USCIS.
Some applicants may be eligible for fee waivers or exemptions based on their financial circumstances. Additionally, USCIS may request additional supporting documents or evidence to verify eligibility for TPS during the application process.
It’s essential to carefully review the latest instructions and requirements provided by USCIS for TPS applications specific to your designated country and individual situation. Applicants should ensure they submit accurate and complete documentation to avoid delays or denials in the application process.
An Overview of Temporary Protected Status
Temporary Protected Status (TPS) provides crucial relief to individuals from designated countries facing extraordinary and temporary conditions preventing their safe return. Understanding the eligibility criteria, application process, and required documentation is essential for those seeking protection under TPS. By navigating the application process effectively, eligible individuals can access vital benefits and temporary relief from deportation while contributing to their communities in the United States.