Temporary Protected Status provides a temporary safe haven for individuals in the U.S. who are from countries that have been devastated by natural disasters or political upheavals. In order to qualify for TPS, the Attorney General must specifically designate the country and the applicant must ordinarily be physically present in the U.S. at the time of the designation. TPS allows its beneficiaries to remain in the U.S, obtain work authorization, and, in most cases, permission to leave and re-enter as well. It can result in freedom for detained immigrants and even halt deportation. But there are exceptions and time to register is limited. Eligible individuals who miss the filing deadline will likely be denied the right to register in the future and extensions to TPS may well last more than a decade.

At present seven countries, most recently including Haiti have been designated for TPS. In the case of El Salvador, more than 230,000 people have been granted that status which was initially approved for Salvadorans who were in the U.S. on February 13, 2001 and extended at regular intervals since that date. A person in TPS is considered to be in legal status in the U.S. and is eligible for changes of status and adjustment of status to permanent resident if they otherwise qualify. But those who initially entered or resided illegally in the U.S. and subsequently obtained travel permission may face increased difficulties after they return and should consult with an immigration attorney before traveling outside the U.S.!

In the past, the government has sometimes improperly denied TPS applications. On January 17, 2010, USCIS issued a memo in which it acknowledged that it had wrongfully denied TPS to applicants who had been convicted of minor traffic infractions and noncriminal violations under New York State law. CIS has agreed to reopen those denials.

It is important to note that TPS is NOT only for individuals living illegally in the U.S. Those who are here legally as visitors, students, and temporary workers can – and in many cases should- apply for TPS. It may allow them to live and work legally in the U.S. long after their current status expires.

Frequently Asked Questions (FAQs)

Q. Which countries have been designated for TPS?

A. El Salvador, Haiti, Honduras, Nicaragua, Somalia, and Sudan are the currently designated countries. The following chart (prepared by DHS) provides the appropriate dates for each country:

Q. If I am a national of one of the countries on the chart, how do I qualify?

A. You are eligible for TPS if you meet all of the following requirements:

• Are a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• File during the open registration or re-registration period, or you meet the requirements for late initial registration (see below) during any subsequent extension of your country’s TPS designation;
• Have been continuously physically present in the United States since the effective date of the most recent designation date of your country;
• Have been a continuous resident (CR) in the United States since the date specified for your country;
• Have not been convicted of any felony or two or more misdemeanors in the United States;
• Are not a persecutor, or otherwise subject to one of the bars to asylum;
• Are not subject to one of the criminal or security related grounds of inadmissibility for which a waiver is not available; and
• Have met all the requirements for TPS registration or re-registration as specified for your country (See TPS designated countries to the left).

Q. If I miss the deadline, can I apply for TPS if it is extended?

A. Probably not. In the past, applicants who have missed the initial filing deadlines have generally been ineligible to apply in the future if TPS is extended

Q. If I am a student or have another immigration status, can I also apply for TPS?

A. Yes. If you are eligible, you may have TPS in addition to your other status.

Q. When can I submit my initial application for TPS?

A. The six-month registration period began on Jan. 21, 2010, the date the Federal Register Notice is published, and continues through July 20, 2010. You must file during the registration period and your application must be postmarked on or before the last day of the registration period.

Q. How do I apply for TPS?

A. You must register for TPS by filing both an Application for Temporary Protected Status, Form I-821, and an Application for Employment Authorization, Form I-765, with any appropriate fees, $140 basic fee + $340 if you want an employment authorization card. For a child under the age of 14, the fees are a total of $50.

Q. Does this mean I have to file the work card application even if I do not want the work card?

A Yes, but you do not need to pay the work card fee if you do not want the work card. In that case, you pay only the basic fee.

Q. What is acceptable evidence of nationality? What if I cannot get the documentation to prove my citizenship due to the devastation in my country?

A There are many different types of documents you can submit to prove your nationality, such as a copy of your passport, a copy of your Identity Card, a copy of your naturalization documentation, a copy of your birth certificate, copies of your school records (if you have them), your baptismal certificate, or nationality documentation issued by your embassy or Consulate in the U.S. If you do not have any primary evidence of your nationality, then you can submit secondary evidence, such as affidavits from friends or family members who have close personal knowledge of the date and place of your birth and your parents' nationality.

Q. What might make me ineligible for TPS?

A You might be ineligible for TPS if you have been convicted of any felony, or two or more misdemeanors committed in the United States or are subject to several other criminal and security-related bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity.

Q. How do I prove continuous physical presence and continuous residence in the United States?

A There are a number of different types of documents that you can submit to prove that you have continuously resided in the United States since January 12, 2010, and that you have been continuously present in the United States since Jan. 21, 2010, the effective date of the designation of Haiti for TPS. For example, you can submit job letters from your current and former employers showing where you have worked, rent receipts, payroll stubs, bank statements, school records, or any other documents you may have showing your continuous physical presence and continuous residence in the United States.

Q. Where do I submit my TPS package applications?

A This information is available in the Federal Register Notice published on Jan. 21, 2010. Electronic filing is not available for initial TPS registrations. Applicants living in Florida will mail their applications to USCIS, P.O. Box 4464, Chicago, IL 60680-4464. Applicants living in New York will mail the application to USCIS, P.O. Box 660167, Dallas, TX 75266-0167. All other applicants should mail their applications to USCIS, P.O. Box 24047, Phoenix, AZ 85074-4047

Q. What happens after my application is filed?

A Once you file, your case will undergo several steps along the way. When you file your TPS application with the Lockbox facility, the Lockbox facility will review your application for completeness and for the proper fee or a properly documented fee waiver request. After your application has been accepted, you will be scheduled for an appointment at an ASC for your biometrics (fingerprints and photographs) capture. Your work card will be issued within 90 days of the filing of the application, if you have submitted the required documentation and appeared for biometrics as required. No interview is required.

Q. May I apply for another immigration benefit while registered for TPS?

A Yes. Registration for TPS does not prevent you 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 you may be eligible.

Q. How does an application for TPS affect my application for asylum or other immigration benefits?

A An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. (For example, an individual that has been convicted of an aggravated felony is not eligible for asylum or TPS.)

Q. What will be the process for detained individuals to apply for TPS?

A Detained and non-detained Haitian nationals (and persons with nationality who last habitually resided in Haiti) received notice of their opportunity to apply for TPS via notice from the Federal Register. Those individuals eligible to apply for TPS may also receive notice during their immigration proceedings.

Q. I am in the United States on an order of removal, am I eligible to apply for TPS?

A Yes. If you qualify, you can apply for TPS even if you were previously ordered removed.. However, whether an applicant is granted TPS depends on the applicant meeting all the eligibility criteria for TPS. Some applicants were ordered removed on the basis of criminal grounds that will also disqualify them from receiving TPS.

Q. Your article mentions cases improperly denied by CIS due to traffic violations or noncriminal violations. How do I know if this applies to me?

A If your case was previously denied, the reason for the denial will be mentioned in the decision. The 2010 CIS memo acknowledges that the government made a mistake by denying TPS to individuals convicted of Driving While Impaired (a traffic infraction) or noncriminal violations such as harassment or disorderly conduct. If the reason for your denial is due to one of these types of convictions, you may be able to reopen your case.

Q. How do I reopen my case if I feel that it was wrongfully denied due to a traffic infraction or noncriminal violation?

A The memo suggests that you file a notice of appeal (Form I-290B) with the filing fee of $630 and proof of the denial along with your traffic and arrest history. If USCIS approves your application they will refund your filing fee.