1. What is Form I-821 – Application for Temporary Protected Status?
The Form I-821, Application for Temporary Protected Status (TPS), is a document issued by the United States Citizenship and Immigration Services (USCIS) that allows individuals from designated countries to apply for temporary protection if they are unable to safely return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary conditions. TPS provides temporary relief to eligible individuals, allowing them to stay and work legally in the United States for a specified period. To apply for TPS using Form I-821, applicants must meet certain eligibility requirements, such as being a national of a designated TPS country and filing their application within the specified registration period. Additionally, applicants may be required to submit supporting documentation to demonstrate their eligibility for TPS.
2. Who is eligible to apply for Temporary Protected Status?
To be eligible to apply for Temporary Protected Status (TPS) in the United States, individuals must meet the following criteria:
1. Nationality: Applicants must be a national of a country designated for TPS, as announced by the U.S. government. This designation is typically in response to ongoing armed conflict, environmental disaster, or other temporary conditions that prevent safe return to the home country.
2. Continuous Physical Presence: Individuals must have been continuously physically present in the U.S. since the designated TPS start date for their country. They should have maintained continuous residence in the U.S. without any lengthy absences.
3. Timely Filing: Applicants need to submit their TPS application during the designated registration period or have met the requirements for late initial registration if they have exceptional circumstances.
4. Admissibility: Applicants must meet the admissibility requirements for individuals seeking admission to the U.S., which includes not having certain criminal convictions or immigration violations that would disqualify them.
5. Criminal Record: Individuals will be ineligible for TPS if they have been convicted of certain crimes or have been engaged in activities that undermine national security or public safety.
It’s crucial for applicants to consult with an immigration attorney or a qualified legal professional to ensure that they meet all the eligibility requirements for Temporary Protected Status.
3. How do I know if my country of origin is designated for TPS?
To determine if your country of origin is designated for Temporary Protected Status (TPS), you can check the U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date list of countries eligible for TPS. This list is periodically reviewed and updated by the U.S. government based on country conditions that may warrant temporary protection for its citizens living in the United States due to armed conflict, environmental disasters, or other extraordinary and temporary conditions. Additionally, you can consult with an immigration attorney or accredited representative who can provide guidance on TPS eligibility criteria and the current designated countries. It’s important to regularly monitor USCIS updates and announcements regarding TPS designations and renewals to stay informed about your country’s eligibility status.
4. What is the deadline to file Form I-821 for Temporary Protected Status?
The deadline to file Form I-821 for Temporary Protected Status (TPS) is crucial and varies depending on the specific designation and the country for which TPS is being sought. Generally, individuals seeking TPS must file Form I-821 within the designated registration period announced by the U.S. Citizenship and Immigration Services (USCIS) after the Department of Homeland Security designates a specific country for TPS. It is important to closely monitor USCIS announcements and timelines to ensure timely submission. Missing the deadline to file Form I-821 for TPS can result in the denial of the application and potential loss of temporary protected status benefits. Additionally, meeting the deadline is essential for maintaining lawful immigration status in the United States.
5. Can I apply for TPS if I am already in removal proceedings?
Yes, you can apply for Temporary Protected Status (TPS) even if you are already in removal proceedings. Applying for TPS can provide a form of relief and protection from being removed from the United States while your application is being processed. Here’s what you should consider if you are in removal proceedings and want to apply for TPS:
1. Notify the Immigration Court: It’s important to notify the immigration court overseeing your removal proceedings that you have applied for TPS. This can help ensure that the court is informed of your application and can take it into account in your case.
2. Consult with an Immigration Attorney: Given the complexities of immigration law and the potential impact of your TPS application on your removal proceedings, it is advisable to consult with an experienced immigration attorney. They can help you understand the implications of applying for TPS while in removal proceedings and guide you through the process.
3. Follow TPS Application Procedures: Make sure to follow the specific procedures for applying for TPS, including submitting the required forms and supporting documentation within the designated time frames. Adhering to these requirements can help facilitate the processing of your application.
4. Consider Seeking a Stay of Removal: In some cases, it may be possible to request a stay of removal from the immigration court while your TPS application is pending. This can provide temporary relief from the removal proceedings and allow you to pursue your TPS application.
5. Be Prepared for Possible Outcomes: While applying for TPS may offer a temporary reprieve from removal proceedings, it’s important to understand that the outcome of your application and your removal case are separate processes. Be prepared for different scenarios and seek legal guidance to navigate the complexities of your situation effectively.
6. What are the filing fees for Form I-821?
The current filing fee for Form I-821, Application for Temporary Protected Status (TPS), is $50. This fee is required for each individual applicant submitting the form, regardless of age. It’s important to note that USCIS may periodically update filing fees, so it is advisable to check the most recent fee schedule on the official USCIS website before submitting the form. Additionally, fee waivers may be available for those who can demonstrate financial hardship or meet certain criteria outlined by USCIS. Applicants should carefully review the instructions provided with the form to understand the most up-to-date information regarding filing fees.
7. Do I need an immigration attorney to help me with my TPS application?
You are not required to hire an immigration attorney to assist with your TPS application; however, it can be beneficial to seek the expertise of a legal professional, especially if you have any complicating factors in your case. Here are some reasons why you might consider hiring an immigration attorney for your TPS application:
1. Complex Eligibility Issues: If your situation is complex or if you are unsure about your eligibility for TPS, an attorney can provide guidance.
2. Legal Advice: An immigration attorney can help you understand the application process, requirements, and potential risks involved.
3. Documentation Preparation: Attorneys can assist you in gathering and organizing the necessary documentation to support your TPS application.
4. Language Barriers: If English is not your first language, an attorney can help facilitate communication with USCIS and ensure accurate representation of your case.
5. Advocacy and Representation: An attorney can represent you in interactions with USCIS, advocate on your behalf, and address any issues that may arise during the application process.
6. Appeal Process: If your application is denied, an attorney can help you with the appeal process and strengthen your case.
Ultimately, the decision to hire an immigration attorney is a personal one based on your individual circumstances and comfort level navigating the TPS application process.
8. Can I work in the United States while on Temporary Protected Status?
Yes, individuals with Temporary Protected Status (TPS) are eligible to apply for an Employment Authorization Document (EAD), also known as a work permit. Once you receive your EAD, you are authorized to work in the United States for the duration of your TPS status. Having an EAD allows you to legally work for any employer in the U.S., start your own business, or work as an independent contractor. It is important to note that your ability to work in the U.S. while on TPS is contingent upon maintaining your TPS status and complying with all related regulations. Additionally, TPS beneficiaries must continue to meet all eligibility requirements and follow the guidelines set forth by U.S. Citizenship and Immigration Services (USCIS) to remain authorized for employment.
9. How long does TPS status last once granted?
Once granted, Temporary Protected Status (TPS) typically lasts for a period of 6 to 18 months. The exact duration of TPS status is determined by the U.S. government and can be extended depending on the situation in the individual’s home country. Periodic re-registration is usually required to maintain TPS status, and individuals must continuously meet the eligibility criteria to remain protected. It is essential for TPS beneficiaries to stay informed of any updates or changes to their status and to comply with all the requirements set forth by the U.S. Citizenship and Immigration Services (USCIS) to avoid any disruptions in their protected status.
10. What happens if my TPS application is denied?
If your Temporary Protected Status (TPS) application is denied, it means that you have not met the eligibility requirements set forth by the U.S. Citizenship and Immigration Services (USCIS). When a TPS application is denied, USCIS will provide you with a written explanation detailing the reasons for the denial. You may have the option to appeal the decision or submit a request for reconsideration, depending on the specific circumstances of your case. Additionally, you may also be at risk of deportation if your current immigration status is dependent on the outcome of your TPS application. It is crucial to carefully review the denial notice and seek legal guidance to explore your options for challenging the decision or pursuing alternative forms of relief.
11. Can I travel outside the United States while on TPS?
Individuals granted Temporary Protected Status (TPS) are generally allowed to travel outside the United States with the proper authorization. However, there are important considerations to keep in mind:
1. Advance Parole: TPS beneficiaries must obtain Advance Parole from U.S. Citizenship and Immigration Services (USCIS) before leaving the country if they wish to return to the United States and continue their TPS status. Advance Parole serves as a permission slip for reentry into the U.S.
2. Approval of Travel: It is crucial to seek approval for travel before leaving the country. Failure to obtain Advance Parole could result in the individual being deemed to have abandoned their TPS status and facing difficulties reentering the U.S.
3. Length of Stay: While travel outside the U.S. is permissible for TPS beneficiaries, it’s essential to adhere to the guidelines regarding the length of stay abroad to avoid risking status termination.
4. Consultation: It is advisable to consult with an immigration attorney or an expert in TPS matters to ensure all travel-related requirements are understood and met before planning any trips outside the United States.
12. Do I need to reapply for TPS each year?
No, TPS holders do not need to reapply for TPS each year once they have been granted this status. TPS is typically granted for a set period, which can vary depending on the country conditions that led to the TPS designation. During the designated period, TPS holders can remain in the United States and are eligible to work legally. However, TPS holders must re-register during specific periods announced by the U.S. government to maintain their status. This re-registration process allows the government to update information and ensure continued eligibility. It is crucial for TPS holders to adhere to the re-registration deadlines to avoid any lapse in their status or work authorization. Failure to re-register on time could result in the loss of TPS benefits.
13. Can I apply for a green card while on Temporary Protected Status?
While on Temporary Protected Status (TPS), individuals are allowed to reside in the United States on a temporary basis due to conditions in their home countries that prevent their safe return. Generally, individuals on TPS are not able to directly apply for a green card solely based on their TPS status. However, there are some circumstances where individuals on TPS may be eligible to adjust their status to that of a lawful permanent resident (green card holder). Here are some key factors to consider:
1. Eligibility through a family member: If you have an immediate family member who is a U.S. citizen or lawful permanent resident willing to sponsor you, you may be able to apply for a green card through family sponsorship.
2. Employment-based green cards: If you have a qualifying job offer or meet the criteria for a specific employment-based category, you may be eligible to apply for a green card through employment.
3. Asylum or refugee status: If you have been granted asylum or refugee status while on TPS, you may be able to adjust your status to that of a green card holder.
4. Special programs or provisions: In some cases, there may be special programs or provisions that allow individuals on TPS to adjust their status to green card holders. It is important to consult with an immigration attorney or accredited representative to explore all possible options available to you.
It is crucial to seek guidance from a qualified immigration professional to understand the specific requirements and opportunities for transitioning from TPS to a green card. Each case is unique, and it is essential to navigate this process correctly to avoid any potential issues or complications.
14. What are the eligibility requirements for TPS renewal?
To be eligible for TPS renewal, individuals must meet the following criteria:
1. They must currently have TPS status or have had TPS status at some point in the past.
2. The individual must have continuously resided in the United States since the most recent designation of their country for TPS.
3. They must have been physically present in the United States since the designated date for their country’s TPS.
4. The individual must not have any criminal convictions that would disqualify them from TPS eligibility.
5. They should not be subject to any of the bars to TPS such as inadmissibility grounds or criminal bars.
6. It is important to submit the TPS renewal application within the specified timeframe provided by USCIS.
Meeting these eligibility requirements is crucial for individuals seeking to renew their Temporary Protected Status in the United States. Failure to meet any of these criteria may result in the denial of the TPS renewal application.
15. Can I include my family members on my TPS application?
Yes, you can include certain family members on your TPS application under certain conditions. Immediate family members such as your spouse and children who are under 21 years old and unmarried are eligible to be included in your TPS application.1 These family members must also be nationals of the designated country for TPS or have no nationality and last resided in the designated country. It’s crucial to ensure that you accurately include all eligible family members on your TPS application to avoid any complications or issues in the future. All family members included in your TPS application must meet the specific eligibility requirements set by USCIS to be granted TPS status. If you have any doubts or questions regarding including family members in your TPS application, it’s advisable to consult with an immigration attorney or expert in TPS applications for guidance.
16. How long does it take for USCIS to process a TPS application?
The processing time for a TPS application filed on Form I-821 can vary depending on various factors such as the volume of applications received, the complexity of the case, and USCIS workload. On average, it typically takes several months for USCIS to process a TPS application. However, there is no specific timeframe provided by USCIS for processing TPS applications, and the actual processing times can fluctuate. It is essential for applicants to regularly check the USCIS website for updates on processing times or consult with an immigration attorney for more specific information based on the current processing trends.
17. What supporting documents do I need to include with my TPS application?
When applying for Temporary Protected Status (TPS) by submitting Form I-821, it is crucial to include the necessary supporting documents to ensure the success of your application. The specific documents required may vary based on individual circumstances, but there are some common items that are generally needed to accompany your Form I-821:
1. Proof of identity and nationality: Include a copy of your passport, birth certificate, or any other document showing your identity and nationality.
2. Evidence of relationship to a TPS country: If applicable, provide documents demonstrating your connection to the designated TPS country, such as birth certificates or passports.
3. Completed biometric services appointment notice (if applicable): If you are required to have biometric data taken, include the appointment notice provided by USCIS.
4. Two passport-sized photos: Follow the specific photo requirements outlined by USCIS for your TPS application.
5. Form I-765, Application for Employment Authorization (optional): If you are also seeking employment authorization, include Form I-765 along with the necessary supporting documents.
6. Proof of continuous residence in the United States: Provide documents that establish your continuous physical presence in the U.S. since the specified TPS designation date.
7. Proof of eligibility for TPS: Include any documentation that supports your eligibility for TPS based on the criteria outlined by USCIS for the designated country.
8. Additional documents: Depending on your individual circumstances, there may be other supporting documents required. Always carefully review the specific instructions provided by USCIS for your TPS application.
Including comprehensive and accurate supporting documents is essential for a successful TPS application. Be sure to follow USCIS guidelines closely and seek assistance from legal experts if needed to ensure your application is thorough and complete.
18. Can I apply for other immigration benefits while on TPS?
Yes, individuals with Temporary Protected Status (TPS) in the United States are generally permitted to apply for other immigration benefits while maintaining their TPS status. Here are some key points to consider:
1. TPS does not prohibit individuals from seeking other immigration benefits that they may be eligible for, such as adjusting their status to lawful permanent resident (green card holder) through a family-based or employment-based petition.
2. It is important to note that each immigration benefit has its own eligibility requirements, and approval for one type of benefit may not guarantee approval for another.
3. Applying for other immigration benefits while on TPS could potentially affect your TPS status if the new application is denied or if there are changes to your eligibility or circumstances.
4. It is advisable to consult with an experienced immigration attorney or accredited representative to evaluate your options and assist you in pursuing additional immigration benefits while on TPS.
Overall, while it is generally permissible to apply for other immigration benefits while on TPS, it is crucial to seek guidance from a qualified professional to navigate the complexities of the immigration system and ensure compliance with the relevant laws and regulations.
19. What are the consequences of overstaying TPS status?
Overstaying Temporary Protected Status (TPS) in the United States can have severe consequences, including:
1. Loss of legal status: Once a TPS beneficiary’s status expires and they continue to stay in the U.S. without taking any further legal action, they will be considered to be overstaying their authorized period of stay.
2. Ineligibility for future immigration benefits: Overstaying TPS can impact eligibility for future immigration benefits or changing to another immigration status.
3. Inadmissibility: Overstaying TPS may lead to a finding of unlawful presence, which can render an individual inadmissible to the U.S. for a certain period of time if they depart.
4. Deportation: Individuals who overstay their TPS may be subject to removal proceedings and deportation from the United States.
It is crucial for TPS beneficiaries to timely apply for extensions or seek alternative immigration options before their status expires to avoid these negative consequences.
20. How does TPS differ from asylum or refugee status?
Temporary Protected Status (TPS) differs from asylum or refugee status in several key ways:
1. Eligibility Criteria: TPS is granted to individuals who are already in the United States when a designated country is experiencing temporary conditions, such as armed conflict, environmental disaster, or other extraordinary circumstances that make it unsafe for nationals of that country to return. In contrast, asylum is for individuals who are outside their home country and seeking protection due to fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. Refugee status is also for individuals outside their home country but is granted to those who meet the definition of a refugee under international law.
2. Duration and Renewability: TPS is meant to provide temporary relief, and beneficiaries must reapply periodically to maintain their status. Asylum, on the other hand, can lead to permanent residency and eventually citizenship if the individual meets the requirements. Refugee status is initially granted for a limited period, but refugees can apply for permanent residency after one year of continuous presence in the United States.
3. Travel Restrictions: TPS beneficiaries may face restrictions on travel outside the United States and could risk losing their status if they travel to their home country while TPS is in effect. Asylees and refugees, once granted status, are generally free to travel internationally with the necessary documents and approvals.
4. Path to Permanent Residency: While TPS does not directly lead to permanent residency or citizenship, individuals with TPS status can sometimes adjust to another immigration status if they are eligible. Asylum can lead to permanent residency and citizenship if the individual meets the requirements after a certain period. Refugee status can also lead to permanent residency and citizenship over time.
In summary, TPS, asylum, and refugee status are all forms of protection offered by the United States, but they differ in terms of eligibility criteria, duration, renewability, travel restrictions, and the potential path to permanent residency and citizenship.