Navigating the complexities of Temporary Protected Status (TPS) and understanding how it impacts your ability to travel can be daunting. At TRAVELS.EDU.VN, we provide clarity and guidance, especially for those seeking opportunities while maintaining their legal status. Discover your travel options and how to ensure you remain compliant with all regulations, enhancing your journey with peace of mind. Explore how travel authorization broadens your possibilities and safeguards your protected status.
1. Understanding Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is granted by the Secretary of Homeland Security to eligible nationals of designated countries experiencing conditions that temporarily prevent their safe return. These conditions may include ongoing armed conflict, environmental disasters like earthquakes or hurricanes, or epidemics. The goal is to offer a safe haven within the U.S. when returning home poses a significant risk.
1.1. Key Conditions for TPS Designation
The Secretary of Homeland Security can designate a country for TPS based on the following temporary conditions:
- Ongoing Armed Conflict: Such as civil war.
- Environmental Disaster: Natural disasters, including earthquakes or hurricanes, or an epidemic.
- Extraordinary and Temporary Conditions: Circumstances making it unsafe for nationals to return.
1.2. Benefits of Receiving TPS
Individuals who are TPS beneficiaries or preliminarily eligible receive several protections and benefits during the designated period:
- Protection from Removal: You cannot be removed from the United States.
- Employment Authorization Document (EAD): You can obtain an EAD to work legally.
- Travel Authorization: You may be granted permission to travel outside the U.S.
- Protection from Detention: You cannot be detained by DHS based solely on your immigration status.
1.3. Limitations of TPS
It’s crucial to understand that TPS is a temporary benefit and does not lead to lawful permanent resident status or any other immigration status. However, holding TPS does not prevent you from:
- Applying for nonimmigrant status.
- Filing for adjustment of status based on an immigrant petition.
- Applying for any other immigration benefit or protection for which you may be eligible, such as asylum.
To be granted any other immigration benefit, you must still meet all the eligibility requirements for that particular benefit. Applying for TPS does not affect an application for asylum or any other immigration benefit, and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the reasons for denial may also lead to denial of TPS.
2. Eligibility Requirements for TPS
To be eligible for TPS, you must meet specific criteria. Understanding these requirements is crucial to successfully apply for and maintain your TPS status.
2.1. Basic Eligibility Criteria
- Nationality: You must be a national of a country designated for TPS or a person without nationality who last habitually resided in the designated country.
- Filing Period: You must 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.
- Continuous Physical Presence (CPP): You must have been continuously physically present in the United States since the effective date of the most recent designation date for your country.
- Continuous Residence (CR): You must have been continuously residing in the United States since the date specified for your country. Check your country’s TPS web page for the specific date.
The law allows an exception to the CPP and CR requirements for brief, casual, and innocent departures from the United States. When applying or re-registering for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.
2.2. Disqualifications for TPS
You may NOT be eligible for TPS or to maintain your existing TPS if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States.
- Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds.
- Are subject to any of the mandatory bars to asylum, such as participating in the persecution of another individual or engaging in or inciting terrorist activity.
- Fail to meet the continuous physical presence and continuous residence requirements in the United States.
- Fail to meet initial or late initial TPS registration requirements.
- If granted TPS, fail to re-register for TPS as required, without good cause.
3. Navigating Travel with TPS: What You Need to Know
Traveling outside the United States with TPS requires careful planning and adherence to specific procedures. Understanding these guidelines is essential to avoid jeopardizing your TPS status.
3.1. Applying for Travel Authorization
If you have TPS and wish to travel outside the United States, you must apply for travel authorization. This is a critical step to ensure you can re-enter the U.S. without issues. If USCIS approves your request, they will issue you a Form I-512T, Authorization for Travel by an Alien to the United States, which serves as evidence of DHS’s prior consent to your travel. Upon your return, a CBP officer will determine if you are eligible for admission into TPS. Note that if you were previously granted parole, this admission will render you ineligible for a new period of parole.
3.2. Travel Authorization While TPS Application is Pending
If your application for TPS is still being processed and you need to travel, you must apply for travel authorization. If approved, USCIS will issue you a Form I-512L, Advance Parole Document, as evidence of DHS’s consent for your travel.
3.3. How to Apply for Travel Authorization
To apply for TPS travel authorization or advance parole, you must file Form I-131, Application for Travel Document. If you are filing Form I-131 together with Form I-821, send your forms to the address listed for your country. If you are filing Form I-131 separately based on a pending or approved Form I-821, check the Direct Filing Addresses for Form I-131 page.
3.4. Risks of Traveling Without Authorization
If you have TPS and leave the United States without obtaining travel authorization, you may lose your TPS status and be unable to re-enter the country. If you have a pending TPS application and leave the United States without advance parole, your application for TPS may be denied, and you may not be able to re-enter the United States.
3.5. Important Considerations Before Traveling
While you are outside the United States, USCIS may send important notices, such as Requests for Additional Evidence. If you do not respond to these requests, your application may be denied. It’s crucial to ensure you can receive and respond to any USCIS communications while you are traveling.
Before requesting TPS travel authorization or advance parole, carefully read and understand the travel warning on Form I-131. Seeking legal advice before traveling is highly recommended.
4. Step-by-Step Guide to Applying for TPS
Applying for TPS involves several steps, from gathering necessary documents to submitting your application. Here’s a detailed guide to help you navigate the process smoothly.
4.1. Step 1: File Your Application
Prepare your TPS package with the required forms, evidence, and filing fees (or a request for a fee waiver). Send it to the address indicated on your TPS country page. Ensure you sign your application and include the correct fee amount (or fee waiver request). These are common mistakes that can lead to rejection.
4.2. Step 2: USCIS Receives Your Application
USCIS will review your application for completeness and the proper fees or a documented fee waiver request. If your case meets the basic acceptance criteria, it will be entered into the system, and you will receive a receipt notice with a receipt number to check the status of your case online.
If you do not receive your receipt notice within three weeks of filing, call the USCIS Contact Center at 1-800-375-5283 for assistance. If your application is rejected, re-file within the registration period after correcting the identified problems.
4.3. Step 3: USCIS Contacts You
USCIS will send an appointment notice to have your biometrics captured at an Application Support Center (ASC) if needed. Every TPS applicant over 14 years old must have their biometrics collected for identity verification, background checks, and EAD production.
In certain situations, such as when it’s impossible to take a fingerprint, USCIS can waive the collection of biometrics. In some cases, they may be able to reuse biometrics previously collected. Even if you do not need to attend an ASC appointment, you still need to pay the biometrics fee (if required) to help cover costs associated with reusing your biometrics.
4.4. Step 4: Go to the ASC
When you report to an ASC, bring:
- Evidence of nationality and identity with a photograph, such as a passport.
- Your receipt notice.
- Your ASC appointment notice.
- Your current EAD, if you already have one.
If you cannot make your scheduled appointment, reschedule it by making a copy of your appointment notice and mailing the original notice with your rescheduling request to the ASC address listed on the notice. Submit your request as soon as you know you have an unavoidable conflict. Rescheduling may delay the adjudication of your application.
If you need an accommodation due to a disability, visit the Disability Accommodations for the Public webpage for more information.
Warning: Failing to appear for your ASC appointment without rescheduling, or repeatedly missing scheduled appointments, could result in your TPS application being denied for abandonment.
If there is an emergency need for you to travel abroad for humanitarian reasons, you may request expedited processing on your advance parole application (Form I-131) after you have appeared at an ASC for your biometrics appointment.
4.5. Step 5: USCIS Determines Work Eligibility
If you are not seeking an EAD, skip to Step 6.
| If you are… | Then… |
|---|---|
| Applying for TPS for the first time and seeking an EAD | USCIS will review your case to determine whether you are eligible to work before making a final decision on your TPS application. If you are found to be eligible upon initial review (prima facie eligible), you will receive an EAD. Note: If your application is denied and you appeal to the USCIS Administrative Appeals Office (AAO) or request review by an immigration judge, your EAD will be extended while you are waiting for a decision. To extend your EAD, file Form I-765 with evidence of your appeal or request. |
| Re-Registering for TPS and seeking an EAD | You will receive your new EAD when your entire TPS package is adjudicated. |
USCIS makes every effort to avoid backlogs, but application volumes may be higher in the first few months of a registration period.
4.6. Step 6: USCIS Adjudicates the Application
During this phase, you may be asked for additional documents to establish your eligibility for TPS. Responding immediately to any Request for Evidence (RFE) or a notice of intent to deny is crucial to avoid processing delays and possible denial. USCIS will notify you upon completion of your case if your request for TPS is granted or denied. If one of the waivable grounds of inadmissibility applies, you will have an opportunity to submit Form I-601, Application for Waiver of Grounds of Inadmissibility, if you did not include it with your TPS package.
4.7. Step 7: USCIS Approves or Denies the Application
| If your application for TPS is… | Then… |
|---|---|
| Approved and you filed initially | USCIS will send you an approval notice and an EAD, if requested. |
| Approved and you re-registered | USCIS will send you an approval notice if you do not request an EAD. If you request an EAD, you will receive a new EAD. |
| Denied | USCIS will send you a letter indicating the reason for your denial and, if applicable, provide you with the opportunity to appeal the denial. |
5. Maintaining Your TPS Status
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.
5.1. EAD Extensions
If you maintain TPS, you may receive an extension of your EAD:
- Through a Federal Register notice extending the TPS designation of your country, which also authorizes an extension of existing EADs.
- Through notification of extension, typically via Form I-797, Notice of Action.
- Through automatic EAD extensions announced via temporary final rules.
For more information, including eligibility requirements and showing proof of identity, visit the Automatic Employment Authorization Document (EAD) Extension page.
5.2. Filing Late
USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period. Submit a letter explaining your reason for filing late with your re-registration application. Late filing may result in processing delays and gaps in your work authorization.
You can apply for TPS for the first time during an extension of your country’s TPS designation period. To qualify for late initial filing, you must meet all TPS eligibility requirements and at least one of the late initial filing conditions.
5.3. Conditions for Late Initial Filing
To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below:
- During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition:
- You were a nonimmigrant, were granted voluntary departure status, or any relief from removal.
- You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal.
- You were a parolee or had a pending request for re-parole.
- You are a spouse of an individual who is currently eligible for TPS.
OR
- During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married. You may file during an extension of your TPS designated country.
Please check your country-specific web page for the dates of the initial registration period or periods that apply for late initial filing.
Please note: You cannot obtain TPS as a derivative because your parent or child has TPS.
6. Filing the Necessary Forms and Providing Evidence
To successfully register or re-register for TPS, you must file the correct forms and provide the necessary evidence. This section outlines what you need to include in your TPS application package.
6.1. Required Forms
To register or re-register for TPS, you must file Form I-821, Application for Temporary Protected Status. Eligible nationals of certain countries, or individuals without nationality who last habitually resided in those countries, can now file Form I-821 online.
When filing an initial TPS application or re-registering for TPS, you can also request an EAD by submitting a completed Form I-765, Request for Employment Authorization, at the time of filing Form I-821. You may also file your Form I-765 request separately at a later date. Filing Form I-821 with Form I-765 may help you receive your EAD more promptly if you are eligible. You may also file Form I-765 online if filing concurrently with Form I-821 online.
If you are aware that a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS, include Form I-601, Application for Waiver of Grounds of Inadmissibility, with your TPS application package. You do not need to file a new Form I-601 for an incident that USCIS has already waived with a prior TPS application. USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest.
These forms are free and available on the forms section of the USCIS website at: www.uscis.gov/forms.
6.2. Required Evidence
When filing an initial TPS application, you must submit:
- Identity and Nationality Evidence: To demonstrate your identity and that you are a national of a country designated for TPS (or that you have no nationality and you last habitually resided in a country designated for TPS).
- Date of Entry Evidence: To demonstrate when you entered the United States.
- Continuous Residence (CR) Evidence: To demonstrate that you have been in the United States since the CR date specified for your country.
Any document that is not in English must be accompanied by a complete English translation. The translator must certify that:
- He or she is competent in both English and the foreign language used in the original document.
- The translation is true and correct to the best of his or her ability, knowledge, and belief.
6.3. Types of Evidence
We encourage you to submit primary evidence, if available. If USCIS does not find the documents you submit sufficient, they will send you a request for additional evidence. If you cannot submit primary evidence of your identity and nationality, you may submit secondary evidence with your application.
| Type of Evidence | Description |
|---|---|
| Primary Evidence | A copy of your passport; A copy of your birth certificate, accompanied by photo identification; and/or Any national identity document bearing your photograph and/or fingerprint issued by your country, including documents issued by your country’s Embassy or Consulate in the United States, such as a national ID card or naturalization certificate. |
| No Primary Evidence | If you do not have any of the primary evidence listed above, you must submit an affidavit with: Proof of your unsuccessful efforts to obtain such documents; and An explanation why the consular process for your country was unavailable to you, and affirming that you are a national of your country. USCIS may interview you regarding your identity and nationality, and you may also submit additional evidence of your nationality and identity then, if available. |
| Secondary Evidence | Nationality documentation, such as a naturalization certificate, even if it does not have your photograph and fingerprint; Your baptismal certificate if it indicates your nationality or a parent’s nationality; Copies of your school or medical records if they have information supporting your claim that you are a national from a country designated for TPS; Copies of other immigration documents showing your nationality and identity; or Affidavits from friends or family members who have close personal knowledge of the date and place of your birth and your parents’ nationality. |
You may also provide any other document or information that you believe helps prove your nationality.
Please note: Birth in a TPS-designated country does not always mean you are a national of that country. Please see your TPS-designated country’s nationality laws for further information.
6.4. Date of Entry Evidence
- A copy of your passport.
- I-94 Arrival/Departure Record.
- Copies of documents specified in the “Continuous Residence (CR) Evidence” section below.
6.5. Continuous Residence (CR) Evidence
- Employment records.
- Rent receipts, utility bills, receipts or letters from companies.
- School records from the schools that you or your children have attended in the U.S.
- Hospital or medical records concerning treatment or hospitalization of you or your children.
- Attestations by church, union, or other organization officials who know you and where you have been residing.
6.6. Fees and Fee Waivers
There is a fee for Form I-821 if you are registering for TPS for the first time. There is no fee for Form I-821 if you are re-registering for TPS. Other related fees for initial registrations and re-registrations vary depending on whether you want an EAD and if you need to request a waiver of grounds of inadmissibility.
If you cannot afford the costs associated with the TPS filing, include a fee waiver request on Form I-912, Application for Fee Waiver (or other written request).
If you are filing an initial application and USCIS denies your fee waiver request, you may re-file and pay the correct fees either before the registration deadline or within 45 days of the date on the fee waiver denial notice, whichever is later.
If you are filing a re-registration application and USCIS denies your fee waiver request on or before the re-registration deadline, it is recommended that you re-file and pay the correct fees before the re-registration deadline. If you are unable to file before the re-registration deadline, you may still re-file after the deadline, which will be reviewed under good cause for late re-registration.
7. Appealing a TPS Denial
If USCIS denies your application, you will be informed in the denial notice whether you have 30 days to appeal to the USCIS Administrative Appeals Office (AAO). If you do not have the right to appeal because you were placed in removal proceedings when your TPS application was denied by USCIS, you can request that the immigration judge adjudicate your TPS application.
You may also choose to file a motion to reconsider with the Service Center that adjudicated your TPS application.
If USCIS denies your TPS application, it is recommended that you consult with an accredited legal representative to determine whether you should pursue an appeal or motion. If you have been placed in removal proceedings, you may request that the immigration judge adjudicate your TPS application. If an immigration judge denies your request for TPS, you may file an appeal with the BIA.
8. Additional Resources and Support
Navigating the TPS application process can be complex, but numerous resources are available to help you understand your rights and responsibilities.
8.1. USCIS Resources
The USCIS website offers a wealth of information on TPS, including eligibility requirements, application procedures, and country-specific details. Key resources include:
- TPS Designated Countries
- Forms and Filing Instructions
- Fee Schedule
8.2. Legal Assistance
Seeking legal advice from an experienced immigration attorney or accredited representative is highly recommended, especially if you have a complex case or a history of immigration violations. Free or low-cost legal services may be available through non-profit organizations and community-based programs.
8.3. Avoiding Scams
Be aware of unauthorized practitioners who may try to take advantage of you by claiming they can file TPS forms. These individuals may ask you to pay them for services. Ensure that anyone providing you with legal advice is authorized to do so. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice.
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9.2. Personalized Travel Planning
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9.3. Comprehensive Support
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| Package Name | Duration | Highlights | Starting Price |
|---|---|---|---|
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10. Conclusion
Navigating the complexities of TPS and travel can be challenging, but with the right information and support, you can ensure a safe and compliant journey. At TRAVELS.EDU.VN, we are committed to providing expert guidance, personalized travel planning, and comprehensive support to help you achieve your travel goals with confidence.
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Frequently Asked Questions (FAQ)
1. What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries facing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that prevent their safe return.
2. Who is eligible for TPS?
To be eligible for TPS, you must be a national of a designated country, have continuously resided in the U.S. since the specified date, and meet other eligibility requirements outlined by USCIS.
3. Can I travel outside the U.S. with TPS?
Yes, but you must apply for and receive travel authorization from USCIS before leaving the United States.
4. How do I apply for travel authorization with TPS?
You must file Form I-131, Application for Travel Document, with USCIS. If approved, you will receive a Form I-512T (Authorization for Travel by an Alien to the United States) or Form I-512L (Advance Parole Document).
5. What happens if I leave the U.S. without travel authorization?
Leaving the U.S. without obtaining travel authorization may result in the loss of your TPS status and the inability to re-enter the country.
6. How do I maintain my TPS status?
To maintain your TPS status, you must re-register during each re-registration period and continue to meet all eligibility requirements.
7. What evidence do I need to provide when applying for TPS?
You must provide evidence of your identity, nationality, date of entry into the U.S., and continuous residence in the U.S. Acceptable documents include passports, birth certificates, I-94 records, employment records, and rent receipts.
8. Is there a fee for applying for TPS?
There is a fee for Form I-821 if you are registering for TPS for the first time. There is no fee for re-registering. You may also need to pay fees for an Employment Authorization Document (EAD) and biometric services.
9. Can I get a fee waiver for TPS application fees?
Yes, if you cannot afford the fees, you can request a fee waiver by submitting Form I-912, Application for Fee Waiver, with your application.
10. What should I do if my TPS application is denied?
If your TPS application is denied, you will receive a letter from USCIS explaining the reason for the denial and informing you of your right to appeal. It is recommended that you consult with an immigration attorney to determine your options.
