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Temporary Protection Status

Immigration Articles >> General Information >> Temporary Protection Status (TPS)

What is TPS? TPS or Temporary Protections Status is a temporary immigration status that comes with certain privileges. An individual granted TPS status may apply for work authorization and legally work in the United States. If the TPS period is extended, the work authorization can also be extended for the same period. Once the TPS immigration status is terminated (after a maximum of 18 months), the individual will obtain the same immigration status as before.

Who is eligible for TPS? The Secretary of the Department of Home Security must designate a country for Temporary Protection Status. A country may be given TPS because of e.g. an environmental disaster that lead to national problems including safety and armed conflicts. If the local people fear for their return, they may be given TPS status in the United States. Eligible countries for Temporary Protections Status is listed in the Federal Register.

How can I apply for TPS? Citizens of a country that has been given TPS may apply during a specific period. Form I-821 (Application for Temporary Protected Status) must be filed along with the filing fee and supporting evidence to the nearest U.S. Embassy. Individuals wishing to work in the United States while in TPS status are also recommended to file Form I-765 (Application for Employment Authorization) at the same time.

Example: Jose visited the United States on a B-2 Tourist Visa that he obtained from the U.S. Embassy in Honduras. While Jose is in the U.S., Honduras experienced a series of difficulties and the Secretary of DHS gave TPS status to Honduran citizens. Jose then applied for and obtained TPS while in the United States. However, a person applying for TPS abroad may be eligible for TPS status but not admissible to enter the United States. Individuals in the U.S. that have committed certain crimes on a different nonimmigrant visa may not be eligible to receive TPS status either.

About TPS applications:

It is important to document your entry to the United States and what you have done since arrival before applying for TPS
You must have your passport and the I-94 Arrival/Departure Record
It is beneficial if you can show any employment records, rental agreements, utility bills, social security card, etc.
Keep any attestations with your name and address from any organization

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