Temporary Protected Status (TPS) offers crucial protection to individuals from designated countries residing in the United States. A common question among TPS holders is: “Can I Travel With My Tps?” This article provides a detailed overview of travel regulations for TPS beneficiaries, eligibility requirements, and essential guidelines for ensuring a safe and compliant journey.
The Secretary of Homeland Security designates countries for TPS due to conditions that temporarily prevent nationals from returning safely, such as ongoing armed conflict, environmental disasters, or extraordinary temporary conditions. During the designated period, TPS beneficiaries and those preliminarily eligible receive several benefits, including protection from removal, employment authorization, and potential travel authorization.
Understanding TPS and Travel Authorization
While TPS grants vital protections, it is a temporary benefit that does not automatically lead to lawful permanent resident status or any other immigration status. However, it does not prevent you from applying for other immigration benefits. One important aspect to understand is the ability to travel outside the United States while maintaining your TPS status.
Eligibility Requirements for TPS
To be eligible for TPS, you must meet specific criteria:
- Be a national of a designated country or a person without nationality who last habitually resided in the designated country.
- File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation.
- Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date for your country.
- Have been continuously residing (CR) in the United States since the date specified for your country.
Exceptions to the CPP and CR requirements exist for brief, casual, and innocent departures from the United States. It’s crucial to inform USCIS of all absences when applying or re-registering for TPS.
You may NOT be eligible for TPS if you:
- Have been convicted of any felony or two or more misdemeanors in the United States.
- Are found inadmissible as an immigrant under applicable grounds.
- Are subject to any of the mandatory bars to asylum.
- Fail to meet the continuous physical presence and continuous residence requirements.
- Fail to meet initial or late initial TPS registration requirements.
- Fail to re-register for TPS, as required, without good cause.
Can I Travel With My TPS? The Process Explained
If you have TPS and wish to travel outside the United States, you must apply for travel authorization.
Applying for Travel Authorization
To apply for travel authorization, file Form I-131, Application for Travel Document. If approved, you will receive either:
- Form I-512T, Authorization for Travel by an Alien to the United States: Issued if your TPS is already approved.
- Form I-512L, Advance Parole Document: Issued if your TPS application is pending.
Upon your return, a U.S. Customs and Border Protection (CBP) officer will determine your eligibility for admission. If eligible, you will be admitted in TPS status.
Important Considerations
- Leaving without Authorization: If you leave the United States without obtaining travel authorization, you may lose your TPS status and be unable to re-enter the country.
- Pending TPS Application: If you have a pending TPS application and leave without advance parole, your application may be denied, and you may not be able to re-enter the United States.
- USCIS Notices: While outside the United States, you may miss important USCIS notices, such as Requests for Evidence (RFEs), which could lead to the denial of your application if not responded to promptly.
What to File: Essential Forms and Evidence
When applying for TPS, you must include the necessary forms, evidence, fees, or fee waiver request.
Required Forms
- Form I-821, Application for Temporary Protected Status: Used to register or re-register for TPS.
- Form I-765, Request for Employment Authorization: Filed to request an Employment Authorization Document (EAD). Filing this concurrently with Form I-821 may expedite the EAD process.
- Form I-601, Application for Waiver of Grounds of Inadmissibility: Included if a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS.
- Form I-131, Application for Travel Document: Required for those seeking travel authorization.
- Form I-912, Application for Fee Waiver: If you cannot afford the costs associated with TPS filing.
Essential Evidence
When filing an initial TPS application, you must submit:
- Identity and Nationality Evidence: To demonstrate your identity and nationality. Examples include a copy of your passport, birth certificate, or national identity document.
- Date of Entry Evidence: To demonstrate when you entered the United States, such as a copy of your passport or I-94 Arrival/Departure Record.
- Continuous Residence (CR) Evidence: To demonstrate that you have been in the United States since the CR date specified for your country, such as employment records, rent receipts, or school records.
Any document not in English must be accompanied by a complete English translation certified by a competent translator.
Fees and Fee Waivers
There is a fee for Form I-821 if you are registering for TPS for the first time. Other related fees vary depending on whether you want an EAD or need to request a waiver of grounds of inadmissibility. If you cannot afford the filing fees, you can submit Form I-912, Application for Fee Waiver.
Maintaining TPS: Re-Registration and EAD Extensions
Once granted TPS, you must re-register during each re-registration period to maintain your benefits. This applies to all TPS beneficiaries, including those initially granted TPS by USCIS, an Immigration Judge, or the BIA.
Employment Authorization Document (EAD) Extension
You may receive an extension of your EAD through:
- Publication of a Federal Register notice extending the TPS designation of your country.
- Notification of extension from USCIS.
- Automatic EAD extensions announced through temporary final rules.
What if My Application Is Denied? Appealing the Decision
If USCIS denies your application, the denial notice will inform you whether you have 30 days to appeal to the USCIS Administrative Appeals Office (AAO). If you do not have the right to appeal, you can request that an immigration judge adjudicate your TPS application.
It is highly recommended to consult with an accredited legal representative to determine the best course of action if your TPS application is denied.
Conclusion
Understanding the rules surrounding travel with TPS is crucial for maintaining your status and ensuring safe re-entry into the United States. Always apply for travel authorization before leaving the country, keep your TPS re-registration up to date, and seek legal advice when needed. By staying informed and compliant, you can navigate the complexities of TPS and protect your immigration status.
