Can I Travel With TPS? Understanding Your Rights And Options

Traveling with Temporary Protected Status (TPS) can be complex. This guide, brought to you by TRAVELS.EDU.VN, will clarify your rights and options, ensuring a smooth and informed journey. We’ll explore the essential requirements for travel authorization, potential risks, and how TRAVELS.EDU.VN can help you navigate these challenges, offering insights into travel authorization and maintaining your protected status. Let TRAVELS.EDU.VN assist you in making informed travel decisions while safeguarding your TPS benefits with updated travel guidelines and eligibility criteria.

1. What Is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary immigration benefit granted to eligible nationals of designated countries (or parts of countries), who are already in the United States, and who are unable to return home safely due to ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. TPS, as defined by USCIS, allows beneficiaries to remain in the U.S., obtain work authorization, and may be granted travel authorization. Understanding the benefits and limitations of TPS is crucial for planning any international travel.

Ongoing Armed Conflict: This includes civil wars and other forms of sustained violent conflict that make it unsafe for nationals to return.
Environmental Disaster: This encompasses natural disasters such as earthquakes, hurricanes, and widespread epidemics that render the country uninhabitable.
Other Extraordinary and Temporary Conditions: This can include events that are not necessarily armed conflicts or environmental disasters but still prevent the safe return of nationals.

1.1. Key Benefits of TPS

During the designated period, individuals with TPS receive several significant benefits:

Protection from Deportation: TPS beneficiaries cannot be removed from the United States during the TPS designation period.
Employment Authorization: TPS recipients are eligible to obtain an Employment Authorization Document (EAD), allowing them to legally work in the U.S.
Travel Authorization: TPS beneficiaries may be granted permission to travel outside the United States with advance permission.
Legal Status: TPS provides a form of legal status in the U.S. during the designation period, although it does not lead directly to permanent residency.
Prevention of Detention: Individuals granted TPS cannot be detained by DHS based solely on their immigration status.

1.2. Limitations of TPS

It’s crucial to understand that TPS is a temporary benefit and does not automatically lead to lawful permanent resident status or any other permanent immigration status. However, registering for TPS does not prevent you from:

Applying for Nonimmigrant Status: You can still apply for visas such as student visas, tourist visas, or work visas.
Filing for Adjustment of Status: If you are eligible for an immigrant petition (such as through a family member or employer), you can still file for adjustment of status to become a lawful permanent resident.
Applying for Other Immigration Benefits: You can apply for any other immigration benefit or protection for which you may be eligible, such as asylum or refugee status.

To be granted any other immigration benefit, you must still meet all the eligibility requirements for that particular benefit. An application for TPS does not affect an application for asylum or any other immigration benefit, and vice versa. However, the grounds for denial of one application may affect the other.

1.3. Countries Currently Designated for TPS

The list of countries designated for TPS can change, so it’s essential to stay updated. As of 2024, countries with TPS designation include:

Country	Designation Date	Continuous Residence Date
Afghanistan	May 22, 2024	March 15, 2022
Burma (Myanmar)	May 25, 2021	May 25, 2021
Cameroon	April 15, 2024	April 15, 2024
El Salvador	March 9, 2016	February 13, 2001
Haiti	August 3, 2021	July 29, 2021
Honduras	March 9, 2016	December 30, 1998
Nepal	June 24, 2015	June 24, 2015
Nicaragua	March 9, 2016	December 30, 1998
Somalia	January 31, 2023	January 11, 2023
South Sudan	November 4, 2022	November 4, 2022
Sudan	April 19, 2022	March 3, 2022
Syria	March 29, 2021	August 1, 2016
Ukraine	April 19, 2022	April 11, 2022
Venezuela	October 3, 2023	July 31, 2023
Yemen	January 3, 2023	January 3, 2023

Always refer to the USCIS website for the most current list and specific details for each country.

2. Can I Travel Outside the U.S. With TPS?

Yes, it is possible to travel outside the United States with TPS, but it requires obtaining advance permission from USCIS in the form of travel authorization. According to USCIS guidelines, if you have TPS and wish to travel outside the United States, you must apply for travel authorization by filing Form I-131, Application for Travel Document. This document, if approved, serves as evidence of DHS’s prior consent to your travel. Failure to obtain this authorization before leaving the U.S. may result in the loss of your TPS status and inability to re-enter the country.

2.1. How to Obtain Travel Authorization

To travel outside the United States with TPS, you must apply for and receive travel authorization from USCIS. The process involves several key steps:

File Form I-131: You must file Form I-131, Application for Travel Document, with USCIS. This form is used to request advance parole, which allows you to re-enter the U.S. after traveling abroad.
Provide Supporting Documentation: Include copies of your TPS approval notice, EAD, and any other relevant documents that support your need to travel.
Pay the Filing Fee: As of 2024, the filing fee for Form I-131 is $575. Check the USCIS website for the most up-to-date fee information.
Submit Your Application: Send your completed Form I-131 and supporting documents to the USCIS address specified for TPS applicants. This address can be found on the USCIS website or on your country-specific TPS page.
Attend Biometrics Appointment (If Required): USCIS may require you to attend a biometrics appointment to collect your fingerprints, photograph, and signature.
Receive Approval: If your application is approved, USCIS will issue you a Form I-512T, Authorization for Travel by an Alien to the United States, which serves as your travel document.

2.2. Risks of Traveling Without Authorization

Traveling outside the United States without obtaining advance parole can have severe consequences for your TPS status. According to USCIS, if you have TPS and leave the United States without first obtaining TPS travel authorization, you may lose your TPS and you may not be able to reenter the United States. This means that:

Loss of TPS: Your TPS status may be revoked.
Inadmissibility to the U.S.: You may be denied re-entry into the United States.
Detention: You may be detained by immigration authorities upon your attempt to re-enter the U.S.

2.3. Traveling While TPS Application Is Pending

If you have a pending TPS application and wish to travel outside the United States, you must also apply for travel authorization. If USCIS approves your request, they will issue you a Form I-512L, Advance Parole Document. Leaving the United States without first obtaining advance parole may result in the denial of your TPS application and your inability to re-enter the country.

Additionally, while you are outside the United States, you may miss important USCIS notices, such as Requests for Additional Evidence. If you do not respond to these requests, USCIS may deny your application.

3. Eligibility Requirements for TPS

To be eligible for TPS, you must meet specific criteria outlined by USCIS. These requirements ensure that only those who genuinely need protection receive it.

3.1. Basic Requirements

To be eligible for TPS, you must:

Nationality: Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country.
Filing Period: 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): Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country.
Continuous Residence (CR): Have been continuously residing (CR) in the United States since the date specified for your country.

The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States. When you apply or re-register 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.

3.2. Disqualifications

You may NOT be eligible for TPS or to maintain your existing TPS if you:

Criminal Convictions: Have been convicted of any felony or two or more misdemeanors committed in the United States.
Inadmissibility: Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds.
Mandatory Bars to Asylum: 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.
Failure to Meet CPP and CR Requirements: Fail to meet the continuous physical presence and continuous residence in the United States requirements.
Failure to Meet Registration Requirements: Fail to meet initial or late initial TPS registration requirements.
Failure to Re-Register: If granted TPS, you fail to re-register for TPS, as required, without good cause.

3.3. Continuous Physical Presence (CPP) and Continuous Residence (CR)

Continuous Physical Presence (CPP) and Continuous Residence (CR) are critical eligibility requirements for TPS. CPP means that you have been physically present in the United States since the effective date of the most recent designation date for your country. CR means that you have been residing in the United States since the date specified for your country.

USCIS allows for brief, casual, and innocent departures from the United States. To ensure you meet these requirements, you must:

Document All Absences: Keep records of all your departures from and entries into the United States.
Provide Evidence: When you apply or re-register for TPS, inform USCIS of all absences from the United States since the CPP and CR dates.
Explain the Nature of Absences: Be prepared to explain the reason for each absence and provide evidence that the departures were brief, casual, and innocent.

4. What to File When Applying for TPS

When applying for TPS, it is essential to include all necessary forms, evidence, fees, or fee waiver requests to ensure your application is processed efficiently.

4.1. Required Forms

To register or re-register for TPS, you must file:

Form I-821, Application for Temporary Protected Status: This form is used to apply for TPS. 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 Employment Authorization Document (EAD) by submitting:

Form I-765, Request for Employment Authorization: File this form at the same time as Form I-821 to receive your EAD more promptly, if 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: USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest.

4.2. Evidence

When filing an initial TPS application, you must submit evidence to demonstrate your eligibility:

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 they are competent in both English and the foreign language and that the translation is true and correct.

The following table explains the different types of evidence you can provide:

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. The person making the affidavit should include information about how he or she knows you or is related to you, and how he or she knows the details of the date and place of your birth and the nationality of your parents. The nationality of your parents is important if you are from a country where nationality is derived from a parent.
Date of Entry Evidence	– A copy of your passport; – I-94 Arrival/Departure Record; or – Copies of documents specified in the “Continuous Residence (CR) Evidence” section.
Continuous Residence (CR)	– 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; or – Attestations by church, union or other organization officials who know you and where you have been residing.

4.3. 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, you can include a fee waiver request on Form I-912, Application for Fee Waiver, or other written request.

5. When and Where to File

Knowing when and where to file your TPS application is crucial for a successful outcome.

5.1. Filing Deadlines

For information about when you must file your TPS application, refer to the country-specific pages on the USCIS website. These pages provide the most accurate and up-to-date information on filing deadlines for each designated country.

5.2. Where to File

The address where you need to send your TPS application depends on your country of origin and whether you are filing Form I-131 together with Form I-821. If you are filing Form I-131 together with Form I-821, send your forms to the address listed for your country on the USCIS website. 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 on the USCIS website.

6. The TPS Application Process

The TPS application process involves several steps, from preparing your application to receiving a decision from USCIS.

6.1. Step 1: File Your Application

Prepare your TPS package with the necessary forms, evidence, and filing fees (or a request for a fee waiver). Sign your application and include the correct fee amount (or fee waiver request). Send it to the address indicated on your TPS country page on the USCIS website.

6.2. Step 2: USCIS Receives Your Application

USCIS reviews your application for completeness and the proper fees or a properly documented fee waiver request. If your case meets the basic acceptance criteria, your application will be entered into their system, and you will receive a receipt notice. The receipt notice includes a receipt number, which you can use 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.

6.3. Step 3: USCIS Contacts You

USCIS may send you an appointment notice to have your biometrics captured at an Application Support Center (ASC). Every TPS applicant over 14 years old must have their biometrics collected for identity verification, background checks, and the production of an EAD, if requested.

6.4. Step 4: Go to the ASC

When you report to an ASC, bring:

Evidence of nationality and identity with a photograph of you, 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 mailing a copy of your appointment notice with your rescheduling request to the ASC address listed on the notice.

6.5. Step 5: USCIS Determines Work Eligibility

If you are 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. If you are re-registering for TPS and seeking an EAD, you will receive your new EAD when your entire TPS package is adjudicated.

6.6. Step 6: USCIS Adjudicates the Application

During this phase, USCIS may ask you for additional documents to establish your eligibility for TPS. If you receive a Request for Evidence (RFE) or a Notice of Intent to Deny, respond immediately to avoid processing delays and possible denial.

6.7. Step 7: USCIS Approves or Denies the Application

If your application is approved, USCIS will send you an approval notice and an EAD, if requested. If your application is denied, USCIS will send you a letter indicating the reason for the denial and, if applicable, provide you with the opportunity to appeal the denial.

7. Maintaining TPS

Once you are 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.

7.1. Re-Registration

To maintain your TPS benefits, you must re-register during each re-registration period. Follow the instructions provided by USCIS to apply for re-registration, including submitting Form I-821 and Form I-765 (if you want to renew your EAD).

7.2. Employment Authorization Document (EAD) Extension

If you have and maintain TPS, you may receive an extension of your EAD:

Through publication of a Federal Register notice extending the TPS designation of your country, if the Federal Register notice also authorizes an extension of existing EADs.
Through notification of extension, typically when USCIS sends you a Form I-797, Notice of Action.
Through the automatic EAD extensions announced through temporary final rules.

8. 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 of your country. You must submit a letter explaining your reason for filing late with your re-registration application. If you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization.

8.1. Late Initial Filing for TPS

You can apply for TPS for the first time during an extension of your country’s TPS designation period. To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions:

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.
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.

9. Travel with TPS: Key Considerations

Traveling with TPS requires careful planning and adherence to USCIS guidelines.

9.1. Applying for Travel Authorization

To travel outside the United States, you must apply for travel authorization by filing Form I-131, Application for Travel Document. This form allows you to request advance parole, which permits you to re-enter the U.S. after your trip.

9.2. What Happens Upon Return

If your travel authorization is approved, USCIS will issue you a Form I-512T, Authorization for Travel by an Alien to the United States. Upon your return, a U.S. Customs and Border Protection (CBP) officer will determine your eligibility for admission. If the CBP officer finds you eligible, they will admit you into TPS.

9.3. Potential Issues at the Border

Even with travel authorization, you may face scrutiny from CBP officers upon your return. Be prepared to provide evidence of your TPS status, travel authorization, and compliance with all USCIS requirements. It is also advisable to carry documents that demonstrate your ties to the United States, such as proof of employment, residence, and family connections.

9.4. Seeking Legal Advice

Given the complexities of traveling with TPS, it is always a good idea to seek legal advice from an experienced immigration attorney. An attorney can help you assess your eligibility for travel authorization, prepare your application, and address any potential issues that may arise.

10. Change of Address

If your address changes after you file your application, you must notify USCIS immediately. Update your address online through the USCIS website or by calling the USCIS Contact Center. Failure to notify USCIS of your address change may result in missed notices and potential delays in your case processing.

11. 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 (such as a final order from the IJ or final decision from the BIA) 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.

The table below provides filing information based on the first TPS benefit you are requesting after an IJ or BIA granted you TPS:

If the first TPS benefit you are requesting is…	Then you must…	And…
Your first EAD,	File Form I-765 only with required fee(s) or fee waiver request. You must also submit a cover sheet that states “DO NOT REJECT – TPS GRANTED BY IJ/BIA.”	Send your Form I-765 to the mailing address on your country-specific page on the USCIS website.
Travel Authorization	File Form I-131 with required fee.	Send your Form I-131 to the mailing address noted on the Direct Filing Addresses for Form I-131 page on the USCIS website.
Your first re-registration NOTE: Even if you were granted TPS by an IJ or the BIA, you must re-register with USCIS during each future extension period for your country.	File Form I-821 and Form I-765 with required fee(s) or a fee waiver request. See re-registration instructions on the USCIS website.	Send your TPS package to the mailing address on your country-specific page on the USCIS website.

12. Appealing a 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 by submitting:

Form I-290B, Notice of Appeal or Motion: File this form with the appropriate fee.
A Legal Brief: Provide a detailed explanation of why you believe the denial was incorrect, citing relevant laws and regulations.
Supporting Documents: Include any new evidence that supports your case.

If USCIS denies your TPS application, 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.

13. Other Immigration Options

TPS is a temporary benefit, so it’s essential to explore other potential immigration options that may lead to a more permanent status.

13.1. Green Card Eligibility

To apply for a lawful permanent resident status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page on the USCIS website. Common pathways to a Green Card include:

Family-Based Sponsorship: If you have a qualifying family member who is a U.S. citizen or lawful permanent resident, they may be able to sponsor you for a Green Card.
Employment-Based Sponsorship: If you have a job offer from a U.S. employer, they may be able to sponsor you for a Green Card.
Asylum or Refugee Status: If you fear persecution in your home country, you may be eligible for asylum or refugee status, which can lead to a Green Card.

13.2. Seeking Asylum

Being granted and maintaining TPS status until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one-year filing deadline. In other words, having TPS status “stops the clock” on the requirement to file for asylum within one year of arriving in the United States, if the one-year clock has not already expired (see 8 CFR 208.4(a)(5)(iv)).

14. Avoiding Scams

Be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These individuals may ask you to pay them for these services. Ensure that you obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website on the finding legal advice web page.

If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice.

FAQ: Traveling with TPS

Here are some frequently asked questions about traveling with Temporary Protected Status (TPS):

Can I travel outside the U.S. with TPS?
- Yes, but you must obtain advance travel authorization from USCIS before leaving the country.
How do I apply for travel authorization?
- File Form I-131, Application for Travel Document, with USCIS, including all required documentation and fees.
What happens if I travel without advance parole?
- You may lose your TPS status and be denied re-entry into the United States.
Can I apply for TPS if I am already in the U.S.?
- Yes, if you meet the eligibility requirements and your country is designated for TPS.
How long does TPS last?
- TPS is a temporary benefit that is granted for a specific period, which can be extended by the Secretary of Homeland Security.
Does TPS lead to a Green Card?
- No, TPS is a temporary status and does not directly lead to lawful permanent residency.
What if my TPS application is denied?
- You may have the option to appeal the decision or file a motion to reconsider.
Can I work in the U.S. with TPS?
- Yes, if you obtain an Employment Authorization Document (EAD).
What documents do I need to apply for TPS?
- You need to provide evidence of your identity, nationality, date of entry, and continuous residence in the U.S.
Where can I find the most up-to-date information on TPS?
- Refer to the USCIS website for the latest information on TPS eligibility, filing requirements, and designated countries.

Traveling with TPS requires careful planning and adherence to USCIS guidelines. Always ensure you have the necessary travel authorization and understand the potential risks involved. For personalized guidance and assistance with your TPS application or travel plans, contact TRAVELS.EDU.VN. We are here to help you navigate the complexities of immigration law and make informed decisions about your future.

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