Temporary Protected Status (TPS) Applications

General Qualifications for TPS

Temporary Protected Status lets nationals of a country designated by the Secretary of Homeland Security, and people without nationality who last habitually resided there, remain in the U.S. and request work authorization while the designation lasts. Designations are based on ongoing armed conflict, environmental disaster or epidemic, or other extraordinary and temporary conditions.

Applicants file Form I-821 during the country's initial registration or re-registration period, with Form I-765 if they want an EAD. Each designation's Federal Register notice sets the continuous physical presence and continuous residence dates. Designations, extensions and terminations change and are often in litigation, so check the country page before filing.

Clients This Case Type Helps

• Nationals of currently designated countries
• Stateless people who last habitually resided in a designated country
• TPS holders filing during a re-registration period
• Nonimmigrants or parolees who may qualify for late initial filing
• Spouses and children of people currently eligible for TPS
• TPS holders who need a new EAD

General Qualifications

• National of a country designated for TPS, or a person without nationality who last habitually resided there.
• Files during the open initial registration or re-registration period, or meets the late initial filing requirements.
• Continuously physically present in the U.S. since the effective date of the country's most recent designation.
• Continuously resided in the U.S. since the date specified for the country.
• Not convicted of any felony or two or more misdemeanors committed in the United States.
• Not inadmissible under INA section 212(a) and not subject to the mandatory bars to asylum, such as persecution of others.

Consultation Screening Questions

1. What is your country of nationality, or where did you last habitually reside if you have none?
2. When did you first enter the U.S., and have you left since? List any trips abroad.
3. Do you have TPS now? When did you last re-register, and when does your EAD expire?
4. Have you ever been arrested or convicted of a felony or any misdemeanor in the U.S.?
5. Were you a nonimmigrant, parolee or in another status during the initial registration period?
6. Is your spouse or parent a TPS holder or currently eligible for TPS?
7. Have you ever been in removal proceedings or ordered removed?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.