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How Do I Apply for Temporary Protected Status?
What is Temporary Protected Status?
Where Can I Find the Law?
Who is Eligible?
How Do I Apply?
Will I Get a Work Permit?
May I Travel Outside the United States?
How Can I Check the Status of My Application?
May I Appeal?
Can Anyone Help Me?
Frequently Asked Questions (FAQs)
What is Temporary Protected Status?
Temporary Protected Status (TPS) is a temporary immigration status granted
to eligible nationals of designated countries. TPS beneficiaries will not be
required to leave the United States and may obtain work authorization for the
initial TPS period and for any extensions of the designation. TPS does not lead
to permanent resident status. When the Attorney General terminates a TPS designation,
beneficiaries will return to the same immigration status they had before TPS
(unless that status has expired or has been terminated) or to any other status
they may have been granted while in TPS.
The Attorney General may designate a country for TPS when he/she determines, after consulting with appropriate government agencies, that:
- There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety;
- The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation; or
- There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Attorney General finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the United States.
A TPS designation will
be effective for a minimum of 6 months and a maximum of 18 months. Before the
end of the TPS designation period, the Attorney General will review the conditions
in the designated state and determine whether the conditions that led to the
TPS designation continue to be met. Unless a determination is made that those
conditions are no longer met, the TPS designation will be extended for 6, 12,
or 18 months. If the conditions that led to the TPS designation are no longer
met, the Attorney General will terminate the TPS designation. Designations,
extensions, terminations and other information regarding TPS are published in
the Federal Register.
Where Can I Find the Law?
Section 244 of the Immigration and Nationality Act establishes the general framework and substantive standards of the TPS program. The specific eligibility requirements and procedures for applying for temporary protected status are included in the Code of Federal Regulations [CFR] at 8 CFR § 244.
Who is Eligible?
You may be eligible to apply for temporary protected status if:
- You are a national
of a country designated by the Attorney General for temporary protected status.
(You may also be eligible if you are a person who has no nationality
but last habitually resided in a designated country). Please see our list
of countries
designated for temporary protected status.
- You apply for TPS
during the specified registration period. The registration period is stated
in Federal
Register notices of designation and is also generally
advertised in INS press
releases. For specific Federal Register notice
cites, please see our list of countries
designated for temporary protected status.
- You have been continuously
physically present in the United States since the temporary protected status
designation began, or since the effective date of the most recent re-designation. For dates of specific country designations, please see
our list of countries
designated for temporary protected status.
- You have continuously resided in
the United States since a date specified by the Attorney General. (Note: This
date is listed in the Federal Register notice of designation and may be different
than the date temporary protected status became effective.)
- You are admissible
as an immigrant and are not otherwise ineligible for TPS. Applicable grounds of inadmissibility and bases for ineligibility are specified in CFR 244.3 and 244.4, respectively. You may also consult the instructions on INS Form I-821 (Application for Temporary Protected Status).
How Do I Apply?
If you are applying for TPS for the first time, you must complete INS
Form I-821 (Application for Temporary Protected Status) and submit a filing fee, supporting evidence of identity and
nationality, proof of residence, two identical color photos, and, if you are
age 14 or older, a fee for fingerprinting. If you are between the ages of 14
and 65 and want employment authorization, you should also complete and submit
INS Form I-765 (Application for Employment
Authorization) with the appropriate fee. Applicants who already have or do
not wish to receive employment authorization still must submit a completed INS
Form I-765, but without the accompanying fee. If you are over the age of 14,
you will be called by the INS for fingerprinting after you send in your application.
If you are granted TPS, you must re-register with the INS for each period that your TPS benefits are extended. To re-register, submit a completed INS
Form I-821 and INS Form I-765 during the period stated in the Federal
Register notice of extension of the TPS designation. You do not have to send
in another fee for INS Form I-821, but you must submit a fee for INS Form I-765
if you are between the ages of 14 and 65 and are requesting employment authorization.
If you do not re-register each period, your temporary protected status will be
withdrawn.
Forms are available by calling 1-800-870-3676, by viewing our online Forms Page, or by submitting a request through
our forms by mail
system. After receiving your forms, read the instructions carefully and note
the documentation that must be submitted. For further information on filing
fees, please see INS filing fees,
fee waiver request procedures,
and the INS fee waiver
policy memo. Please see our fingerprinting
Webpage for more information on INS fingerprinting
procedures.
IMPORTANT! A new application fee structure will be in effect as of 02/19/02. Fees will be as follows:
- INS Finger Printing Services - $50
- INS Form I-765 Employment Authorization Document - $120
If you are applying for TPS under a designation other than El Salvador, Honduras,
or Nicaragua, submit your application package to the local INS district office
that serves the area where you live.
If you are from El Salvador, Honduras, or Nicaragua, send your application
to the INS Service Center that serves that area where you live. Please see the
INS field offices
Homepage for more information on INS local offices and Service Centers.
Will I Get a Work Permit?
If your TPS application is approved, you will receive work authorization (if requested). At the same time you apply for temporary protected status, you
must submit INS Form I-765 (Application
for Employment Authorization) and the appropriate fee to apply for a work permit. Applicants who already have or
do not wish to receive employment authorization still must submit a completed
INS Form I-765, but without the required fee. Please see How Do I
Get a Work Permit? for more information.
May I Travel Outside the United States?
An individual granted TPS must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad, though permission to travel may be granted by the district director according to the Service's advance parole provisions. There is no appeal to a denial of advance parole. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings. For more information, please see How Do I Get a Travel Document?
How Can I Check the Status of My Application?
Please contact the INS office that received your application. You should
be prepared to provide the INS staff with specific information about your application.
Please click here for complete instructions on checking
the status of your application. Please click
here for more information on INS
offices.
May I Appeal?
If your application for temporary protected status is denied, you will receive
instructions telling you whether or not you are allowed to appeal the decision.
Instructions on how to appeal will be included in the notice of denial. If you
need more information, please see How
Do I Appeal the Denial of Petition or Application? as well as at 8 CFR § 244.10 in the Code of Federal Regulations.
Can Anyone Help Me?
If advice is needed, you may contact the INS District Office near your
home for a list of community-based, non-profit organizations that may be able
to assist you in applying for an immigration benefit. Please see our INS
field offices home page for more information on
contacting INS offices. In addition, please see our Webpage that provides information
on free legal advice.
Frequently Asked Questions [FAQs]
Do you want further information? Click here for Frequently Asked Questions.
The above information has been obtained from INS and was last modified on 7/18/2002
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