The United States has long served as a refuge for individuals fleeing war, natural disasters, and political turmoil. One of the tools it uses to provide humanitarian relief is Temporary Protected Status (TPS) a critical program that allows nationals from certain countries to live and work legally in the U.S. when conditions in their home countries make return unsafe. But TPS is not automatic; it comes with specific eligibility criteria and tightly regulated deadlines. In this comprehensive guide, we’ll walk you through everything you need to know about TPS eligibility, application deadlines, and what happens after you’re granted protection.
Understanding Temporary Protected Status (TPS)
TPS is a form of humanitarian relief established under the Immigration Act of 1990. The U.S. Secretary of Homeland Security can designate a country for TPS due to:
- Ongoing armed conflict (such as civil war)
- Environmental disasters (like earthquakes or hurricanes)
- Epidemics or other extraordinary and temporary conditions
When a country receives a TPS designation, its nationals (and certain people without nationality who last resided there) may be eligible to live and work in the United States for a designated period. This status is not a pathway to permanent residency, but it does offer critical protection against deportation and work authorization during its duration.
You can read more directly from the U.S. Citizenship and Immigration Services (USCIS) TPS page.
Who Is Eligible for TPS?
Eligibility for TPS is based on several criteria. It’s important to note that being from a TPS-designated country does not automatically grant protection. You must apply for TPS and meet all the following requirements:
1. Nationality
You must be a national of a TPS-designated country, or a person without nationality who last habitually resided in the designated country.
2. Physical Presence
You must have been continuously physically present in the U.S. since the effective date of the most recent TPS designation.
For example, Venezuela was designated for TPS effective March 9, 2021, and applicants needed to have been physically present in the U.S. since that date to qualify.
3. Continuous Residence
Applicants must have continuously resided in the U.S. since the date specified for their country’s TPS designation. Breaks in presence or residence may jeopardize your eligibility, unless they are brief, casual, and innocent.
4. Timely Registration
You must file your TPS application during the initial registration period or during a subsequent re-registration period if already granted TPS. Late filings may be accepted under special circumstances, but you must provide a valid explanation.
5. No Serious Criminal History
Applicants cannot have been convicted of a felony or two or more misdemeanors committed in the U.S. Additionally, they must not be inadmissible to the U.S. on certain criminal or security-related grounds.
To determine admissibility, USCIS often conducts background checks. A more detailed explanation of the ineligibility criteria is available on the USCIS inadmissibility grounds page.
How to Apply for TPS
Applying for TPS involves submitting a complete application package to USCIS. Here’s what you typically need:
- Form I-821 (Application for Temporary Protected Status)
- Form I-765 (Application for Employment Authorization), if you want to work
- Proof of identity and nationality (e.g., passport, birth certificate)
- Proof of date of entry and continuous residence (e.g., utility bills, lease agreements, medical records)
You must submit your application and fees (or a fee waiver request) during the designated registration period. All supporting documents must be translated into English if not originally in English.
USCIS has an excellent resource outlining the application process on its How to Apply for TPS page.
TPS Application Fees
As of 2025, the application fees are:
- Form I-821: No fee for first-time applicants, but there is a biometrics fee ($85)
- Form I-765: $520 for those between 14 and 65 seeking work authorization
You can request a fee waiver by filing Form I-912 if you cannot afford the fees. Fee waiver approval depends on demonstrating financial hardship and meeting specific income guidelines.
The most current fee information can always be found on the USCIS fee schedule.
Application Deadlines and Why They Matter
Perhaps the most critical aspect of TPS is the application deadline. Missing it can mean losing the opportunity for protection, even if you otherwise qualify.
Initial Registration Period
Each TPS designation includes an initial registration period—usually 180 days from the effective date. You must apply during this window unless you qualify for late initial registration.
For instance, when Syria was redesignated for TPS in 2023, eligible individuals had until October 3, 2023 to file for protection.
Re-registration Period
If you already have TPS and the Department of Homeland Security extends the designation for your country, you’ll need to re-register during the announced re-registration period, typically lasting 60 days.
Late Initial Filing
You may still be eligible to apply late if:
- You were in valid nonimmigrant status (e.g., F-1 student, tourist) during the initial registration period
- You had pending asylum, adjustment of status, or similar applications
- You were granted voluntary departure or had deferred enforced departure (DED)
But keep in mind, late filings are scrutinized more closely and require detailed documentation and a valid explanation.
The USCIS maintains a current list of TPS designated countries and deadlines which should be checked frequently if you’re planning to apply.
What Happens After You Apply?
Once your application is received, USCIS will issue a receipt notice. If biometrics are required, you’ll be scheduled for a fingerprint appointment. After review, USCIS may:
- Approve your TPS and issue an Employment Authorization Document (EAD)
- Request additional evidence
- Deny your application (with the opportunity to appeal)
Processing times vary but are usually several months. You can track your case status using the USCIS Case Status Online tool.
What TPS Does and Doesn’t Do
TPS is a life-saving program, but it comes with limitations.
Benefits of TPS
- Protection from deportation
- Eligibility to work legally in the U.S.
- Eligibility for a driver’s license in many states
- Access to public benefits in some states (varies)
Limitations of TPS
- Does not lead directly to a green card or U.S. citizenship
- Travel abroad requires advance parole
- Subject to termination if DHS decides conditions have improved in the home country
If your country’s TPS designation is terminated, you return to whatever immigration status you held before, unless you’ve changed status (e.g., through asylum, marriage, etc.).
TPS and Other Immigration Options
Although TPS itself doesn’t provide a direct path to lawful permanent residency, you may be eligible for other immigration benefits depending on your situation.
Adjustment of Status
Some TPS holders may qualify for a green card through:
- Family sponsorship (e.g., marriage to a U.S. citizen)
- Employer sponsorship
- Asylum or refugee status
In 2021, the Supreme Court ruled in Sanchez v. Mayorkas that TPS alone does not count as lawful admission for purposes of adjusting status under INA Section 245(a). However, if you were inspected and admitted prior to receiving TPS, you may still be eligible.
Advance Parole and Re-Entry
TPS holders who travel abroad with advance parole and re-enter may be considered “paroled” into the U.S., which could impact their eligibility for adjustment of status.
This is a nuanced area, and it’s advisable to consult an immigration attorney for guidance. Organizations like American Immigration Lawyers Association (AILA) can help you find qualified professionals.
Recent Changes and Court Decisions
The landscape around TPS is dynamic. Court cases, presidential administrations, and changing country conditions can all affect who qualifies and how long TPS lasts.
For example:
- The Biden administration has expanded TPS for several countries, including Venezuela, Haiti, and Ukraine.
- Legal battles have challenged efforts to terminate TPS for countries like El Salvador and Nicaragua.
- In 2023, the government extended TPS designations for certain countries while simultaneously reopening initial registration periods.
Staying informed via credible sources like the Federal Register TPS Notices is essential.
TPS Scams and Fraud Warning
Because of its popularity and life-changing impact, TPS is also a target for scams. Be wary of:
- Notarios or “immigration consultants” who promise quick results
- Fake government websites charging bogus fees
- Pressure to apply for TPS when you’re not eligible
Always use official resources like uscis.gov and consult licensed attorneys or accredited representatives. The Department of Justice maintains a list of recognized organizations and accredited representatives who can provide legal help.
Conclusion
Temporary Protected Status is a vital humanitarian tool offering safety and opportunity to thousands of individuals who cannot safely return to their home countries. But eligibility is not automatic it’s a process that requires careful timing, accurate documentation, and attention to detail.
If you think you qualify for TPS, the best time to act is now. Monitor DHS announcements, confirm your country’s status, and make sure you meet all the eligibility criteria before filing your application. And don’t wait until the last minute deadlines are strict and missing one can cost you your protection.
For those already granted TPS, stay alert to re-registration deadlines and consult immigration professionals to explore whether you have other long-term immigration options.
To stay updated, consider subscribing to USCIS email alerts and regularly checking the TPS page.
TPS may be temporary, but for many, it’s a crucial stepping stone toward stability and peace of mind in the United States.
