Temporary Protected Status (TPS) offers a lifeline to nationals of designated countries residing in the United States who are facing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions in their home countries. A common question among TPS beneficiaries is: Can People With Tps Travel? This guide provides a detailed overview of travel regulations for individuals with TPS, addressing eligibility, procedures, and potential risks.
Understanding Temporary Protected Status (TPS)
The Secretary of Homeland Security can designate a foreign country for TPS if conditions prevent its nationals from returning safely or if the country cannot adequately handle their return. USCIS may grant TPS to eligible nationals already in the United States. This temporary benefit provides:
- Protection from removal from the United States.
- Eligibility for an Employment Authorization Document (EAD).
- Potential for travel authorization.
TPS is temporary and does not lead to lawful permanent resident status but doesn’t prevent you from applying for other immigration benefits.
Alt text: An individual presents a passport and boarding pass, symbolizing international travel considerations for TPS holders.
Key Travel Considerations for TPS Beneficiaries
While TPS offers significant protections, traveling outside the U.S. requires careful planning and adherence to specific guidelines.
Travel Authorization is Mandatory
If you have TPS and wish to travel outside the United States, you must apply for and obtain travel authorization from USCIS before leaving the country. Traveling without authorization can jeopardize your TPS status and your ability to re-enter the U.S.
How to Obtain Travel Authorization
To request travel authorization, you must file Form I-131, Application for Travel Document. This form is used to apply for either:
- Form I-512T, Authorization for Travel by an Alien to the United States: Issued if your TPS has already been approved.
- Form I-512L, Advance Parole Document: Issued if your TPS application is still pending.
When filing Form I-131, ensure you:
- Pay the required fee or request a fee waiver using Form I-912.
- Provide a valid reason for your travel request.
- Submit all required supporting documentation.
You can find the most up-to-date filing instructions and addresses on the USCIS website.
Where to File
The filing location for Form I-131 depends on whether you are filing it concurrently with Form I-821 (Application for Temporary Protected Status) or separately. If filing together, send the forms to the address listed for your country’s TPS designation. If filing separately based on a pending or approved Form I-821, consult the Direct Filing Addresses for Form I-131 page.
Risks of Traveling Without Authorization
Leaving the U.S. without obtaining prior travel authorization carries significant risks:
- Loss of TPS Status: You may be deemed to have abandoned your TPS status.
- Inability to Re-enter the U.S.: You may be denied re-entry, even with a valid TPS designation.
- Denial of Pending TPS Application: If your TPS application is still pending, it may be denied if you leave without advance parole.
What Happens After Approval?
If USCIS approves your travel request, you will be issued Form I-512T or Form I-512L, which serves as evidence of DHS’s prior consent to your travel outside the United States. Upon your return, a CBP officer will determine your eligibility for admission.
Alt text: A family walks through an airport, suggesting the travel possibilities available to TPS beneficiaries with proper authorization.
Maintaining TPS While Traveling
Even with travel authorization, maintaining TPS requires ongoing compliance with USCIS regulations.
Continuous Physical Presence (CPP) and Continuous Residence (CR)
To maintain TPS, you generally need to demonstrate continuous physical presence (CPP) and continuous residence (CR) in the United States since the dates specified for your country’s designation. Brief, casual, and innocent departures may be exceptions, but USCIS will evaluate each case individually.
Re-registration Requirements
TPS is temporary, and designated countries are subject to periodic re-designation. To maintain your TPS benefits, you must re-register during each re-registration period. Failing to re-register without good cause can result in the loss of TPS.
Change of Address
It is imperative to keep your address updated with USCIS. You can notify USCIS of an address change online. Failure to do so may result in missed notices and potential issues with your TPS status.
TPS Granted by an Immigration Judge or the Board of Immigration Appeals
If an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted you TPS, you must provide USCIS with proof of the TPS grant when you file for your first TPS benefit (such as an EAD, travel authorization, or with your first TPS re-registration application filed with USCIS). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved. Follow the specific filing instructions based on the benefit you are seeking.
Additional Resources and Considerations
- Legal Advice: Consult with an experienced immigration attorney before traveling outside the U.S. to assess your specific circumstances and potential risks.
- USCIS Website: Regularly check the USCIS website for the latest updates, forms, and filing instructions related to TPS.
- Country-Specific Information: Refer to your country’s specific TPS page on the USCIS website for any special instructions or requirements.
- Avoid Scams: Be cautious of unauthorized practitioners who may offer assistance with TPS applications. Seek legal advice only from qualified attorneys or accredited representatives.
Conclusion
Can people with TPS travel? Yes, with proper authorization. Traveling outside the United States with TPS requires careful planning and adherence to USCIS regulations. Obtaining travel authorization before departure is crucial to safeguard your TPS status and ensure your ability to return to the U.S. By understanding the requirements and potential risks, TPS beneficiaries can make informed decisions about international travel and protect their immigration status.
