Are you wondering, “Can You Travel With Tps?” TRAVELS.EDU.VN provides a clear explanation of Temporary Protected Status (TPS) and how it impacts your ability to travel internationally. Discover the crucial requirements, necessary documents, and potential risks involved in traveling while under TPS, ensuring you make informed decisions and avoid jeopardizing your status. Explore your options for safe and authorized travel with our expert advice.
1. Understanding Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a temporary immigration benefit provided by the United States government to eligible nationals of designated countries (or parts of countries), who are already in the United States. This status is granted when conditions in their home country temporarily prevent them from returning safely due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. Nationals without a nationality who last resided in the designated country can also be granted TPS. During the designated period, TPS beneficiaries are not removable from the U.S., can obtain an Employment Authorization Document (EAD), and may be granted travel authorization.
1.1 Why is TPS granted?
The Secretary of Homeland Security designates a country for TPS when conditions within that country prevent its nationals from returning safely. These conditions typically include:
- Ongoing Armed Conflict: Such as a civil war that makes it unsafe for individuals to return.
- Environmental Disaster: Natural disasters like earthquakes or hurricanes that render the country uninhabitable.
- Epidemic: A widespread disease outbreak that poses a significant health risk.
- Other Extraordinary and Temporary Conditions: Circumstances that prevent the safe return of nationals.
1.2 Benefits of TPS
Individuals granted TPS receive several key benefits:
- Protection from Deportation: TPS holders cannot be removed from the United States during the designation period.
- Employment Authorization: They can obtain an Employment Authorization Document (EAD), allowing them to work legally in the U.S.
- Travel Authorization: They may be granted permission to travel outside the United States and return.
- Protection from Detention: TPS beneficiaries cannot be detained by the Department of Homeland Security (DHS) based solely on their immigration status.
1.3 Limitations of TPS
While TPS offers significant protections, it is essential to understand its limitations:
- Temporary Status: TPS is a temporary benefit and does not lead to lawful permanent resident status (Green Card) or any other permanent immigration status.
- No Automatic Path to Permanent Residency: Registration for TPS does not prevent individuals from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which they may be eligible.
- Eligibility Requirements for Other Benefits: To be granted any other immigration benefit, applicants must still meet all the eligibility requirements for that particular benefit.
2. Can You Travel Outside the U.S. with TPS?
The ability to travel outside the United States with TPS is not automatic. It requires obtaining prior authorization from U.S. Citizenship and Immigration Services (USCIS). TRAVELS.EDU.VN emphasizes the importance of understanding the requirements and procedures for obtaining travel authorization to avoid jeopardizing your TPS status.
2.1 Travel Authorization: The Key to Traveling with TPS
If you hold TPS and wish to travel outside the United States, you must apply for and receive travel authorization before leaving. This authorization demonstrates that DHS has granted prior consent for your travel and ensures you can re-enter the U.S. upon your return.
2.2 How to Obtain Travel Authorization
To obtain travel authorization, you must file Form I-131, Application for Travel Document, Parole Document, and Advance Parole, with USCIS. This form allows you to request either TPS travel authorization or advance parole, depending on whether your TPS application is pending or approved.
2.3 Filing Form I-131
- Download the Form: Obtain Form I-131 from the USCIS website.
- Complete the Form: Fill out the form accurately and completely. Be sure to provide all required information and documentation.
- Include Supporting Documents: Gather the necessary supporting documents, such as a copy of your TPS approval notice (if applicable), a copy of your EAD, and evidence of the humanitarian reason for your travel.
- Pay the Fee: Pay the required filing fee. Check the USCIS website for the most current fee schedule.
- Submit the Form: Mail the completed form and supporting documents to the address specified by USCIS, which varies depending on whether you are filing Form I-131 together with Form I-821 or separately.
2.4 Forms and Fees Overview
| Form | Description | Fee (as of 2024) |
|---|---|---|
| Form I-131 | Application for Travel Document | $630 |
| Form I-821 | Application for Temporary Protected Status | $85 |
| Form I-765 | Application for Employment Authorization Document | $410 |
2.5 Types of Travel Authorization
Depending on your situation, USCIS may issue one of two types of travel authorization:
-
Form I-512T, Authorization for Travel by an Alien to the United States: This document is issued to individuals whose TPS has already been approved. It serves as evidence of DHS’s prior consent to your travel outside the U.S.
-
Form I-512L, Advance Parole Document: This document is issued to individuals whose TPS application is still pending. It allows you to travel outside the U.S. while your application is being processed.
2.6 Important Considerations
- Humanitarian Reasons: USCIS typically grants travel authorization for humanitarian reasons, such as visiting a sick relative, attending a funeral, or obtaining medical treatment.
- Risk of Denial: There is always a risk that your application for travel authorization may be denied. USCIS will consider various factors, including your reasons for travel and any potential security concerns.
- Seek Legal Advice: Before applying for travel authorization, it is advisable to seek legal advice from an experienced immigration attorney. An attorney can help you assess your eligibility, prepare your application, and understand the potential risks involved.
3. Risks of Traveling Without Authorization
Traveling outside the United States without first obtaining travel authorization can have severe consequences for your TPS status. TRAVELS.EDU.VN advises against unauthorized travel and highlights the potential repercussions.
3.1 Loss of TPS Status
If you have TPS and leave the U.S. without obtaining travel authorization, you risk losing your TPS status. USCIS may consider you to have abandoned your TPS, and you may not be allowed to re-enter the U.S.
3.2 Denial of Pending TPS Application
If you have a pending TPS application and leave the U.S. without obtaining advance parole, USCIS may deny your application. Additionally, you may not be allowed to re-enter the U.S.
3.3 Interruption of Continuous Physical Presence
Leaving the U.S. without authorization can interrupt your continuous physical presence, which is a requirement for maintaining TPS. Any unauthorized departure, even for a short period, can jeopardize your eligibility for TPS.
3.4 Inadmissibility Issues
Unauthorized travel may raise concerns about your admissibility to the U.S. A U.S. Customs and Border Protection (CBP) officer may determine that you are ineligible for admission upon your return, even if you previously held TPS.
4. Eligibility Requirements for TPS
To be eligible for TPS, you must meet specific criteria. TRAVELS.EDU.VN outlines the key requirements to help you determine your eligibility.
4.1 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 in the United States since the effective date of the most recent designation date of your country.
- Continuous Residence (CR): Have been continuously residing in the United States since the date specified for your country.
4.2 Exceptions to Continuous Physical Presence and Residence
The law allows for exceptions 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.
4.3 Ineligibility Factors
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.
- Asylum Bars: 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 Requirements: Fail to meet the continuous physical presence and continuous residence requirements in the United States.
- Registration Issues: Fail to meet initial or late initial TPS registration requirements.
- Failure to Re-Register: If granted TPS, fail to re-register for TPS, as required, without good cause.
5. Required Documents for TPS Application
When applying for TPS, you must provide various documents to support your application. TRAVELS.EDU.VN provides a detailed list of required documents to help you prepare your application effectively.
5.1 Forms
- Form I-821, Application for Temporary Protected Status: To register or re-register for TPS, you must file this form. Eligible nationals of certain countries, or individuals without nationality who last habitually resided in those countries, can now file Form I-821 online.
- Form I-765, Request for Employment Authorization: When filing an initial TPS application or re-registering for TPS, you can also request an employment authorization document (EAD) by submitting this form. You may also file your Form I-765 request separately at a later date.
- Form I-601, Application for Waiver of Grounds of Inadmissibility: If you are aware that a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS, include this form with your TPS application package.
5.2 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.
5.3 Types of Evidence
| Evidence Type | Description |
|---|---|
| Identity and Nationality | 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. Secondary Evidence: Nationality documentation, such as a naturalization certificate; 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; copies of other immigration documents showing your nationality and identity; or affidavits from friends or family members. |
| Date of Entry | A copy of your passport; I-94 Arrival/Departure Record; or copies of documents specified in the “Continuous Residence (CR) Evidence” section. |
| Continuous Residence | 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. |
5.4 Translations
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. The Application Process
Understanding the TPS application process is crucial for a successful outcome. TRAVELS.EDU.VN provides a step-by-step guide to help you navigate the process.
6.1 Step 1: File Your Application
Prepare your TPS package with the necessary forms, evidence, and filing fees (or request for a fee waiver). Ensure you sign your application and include the correct fee amount (or fee waiver request). Send it to the address indicated on your TPS country page.
6.2 Step 2: USCIS Receives Your Application
USCIS will review 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 the system, and you will receive a receipt notice.
6.3 Step 3: USCIS Contacts You
If USCIS needs to collect your photograph, signature, and/or fingerprints (biometrics), they will 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.
6.4 Step 4: Go to the ASC
When you report to an ASC, you must 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.
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.
6.6 Step 6: USCIS Adjudicates the Application
During this phase, USCIS may ask you for additional documents to establish your eligibility for TPS. Respond immediately to any requests for evidence (RFE) or notices of intent to deny to avoid processing delays and possible denial.
6.7 Step 7: USCIS Approves or Denies the Application
- Approved Initial Application: USCIS will send you an approval notice and an EAD, if you requested one.
- Approved Re-Registration Application: USCIS will send you an approval notice if you do not request an EAD, or a new EAD if you do request one.
- Denied Application: USCIS will send you a letter indicating the reason for your denial and, if applicable, provide you with the opportunity to appeal the denial.
7. Maintaining TPS Status
Once granted TPS, you must re-register during each re-registration period to maintain your benefits. TRAVELS.EDU.VN emphasizes the importance of timely re-registration to avoid losing your TPS status.
7.1 Re-Registration Requirements
To maintain TPS, you must re-register during each designated re-registration period. This applies to all TPS beneficiaries, including those initially granted TPS by USCIS, an Immigration Judge, or the BIA.
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.
7.3 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. You must submit a letter explaining your reason for filing late with your re-registration application. Filing late may delay processing and lead to gaps in your work authorization.
8. What Happens If Your TPS Application is Denied?
If USCIS denies your TPS application, you have options for appealing the decision. TRAVELS.EDU.VN outlines the steps you can take if your application is denied.
8.1 Appealing a Denial
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 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.
8.2 Motion to Reconsider
You may also choose to file a motion to reconsider with the Service Center that adjudicated your TPS application.
8.3 Seeking Legal Advice
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.
9. Additional Immigration Options
Having TPS does not preclude you from exploring other immigration options. TRAVELS.EDU.VN encourages you to consider other pathways to legal permanent residency.
9.1 Exploring Other Options
You might be eligible for other immigration options listed on the Explore My Options page on the USCIS website.
9.2 Applying for a Green Card
To apply for lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page.
9.3 Seeking Asylum
Being granted and maintaining TPS status until a reasonable period before filing the asylum application is considered an extraordinary circumstance for the purposes of the one-year filing deadline.
10. Avoiding Immigration Scams
Be cautious of unauthorized practitioners who may try to take advantage of you by claiming they can file TPS forms. TRAVELS.EDU.VN warns against immigration scams and provides resources for finding legitimate legal assistance.
10.1 Recognizing Scams
Some unauthorized practitioners may ask that you pay them to file TPS forms. Ensure you obtain legitimate, accurate legal advice and assistance.
10.2 Finding Legal 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.
10.3 Authorized 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
1. Can I travel outside the U.S. if I have TPS?
Yes, but you must obtain travel authorization from USCIS before leaving the U.S.
2. What form do I need to file to get travel authorization?
You must file Form I-131, Application for Travel Document.
3. What happens if I travel without authorization?
You risk losing your TPS status and may not be allowed to re-enter the U.S.
4. How long is travel authorization valid?
The validity period varies, so check the terms of your specific travel document.
5. What if my TPS application is pending?
You can still apply for travel authorization using Form I-131, requesting advance parole.
6. Can my travel authorization be denied?
Yes, USCIS has the discretion to deny travel authorization based on various factors.
7. What are the common reasons for travel authorization denial?
Reasons include security concerns, inadmissibility issues, and insufficient evidence of humanitarian need.
8. How can I extend my EAD while on TPS?
EADs are often extended through Federal Register notices or automatic extensions announced by USCIS.
9. Where can I find accredited legal representatives?
Visit the USCIS website for a list of accredited representatives and free or low-cost legal providers.
10. How do I re-register for TPS?
You must re-register during each designated re-registration period, following USCIS instructions.
Planning a trip with TPS can be complex, but TRAVELS.EDU.VN is here to help. We specialize in providing tailored travel solutions that consider your unique immigration status. Don’t risk your TPS status—contact our travel experts today for personalized assistance and ensure a smooth and worry-free travel experience. Call us at +1 (707) 257-5400 or visit our office at 123 Main St, Napa, CA 94559, United States. Let TRAVELS.EDU.VN be your trusted partner in navigating the world with confidence. Visit our website at travels.edu.vn to explore our services and book your consultation now.
