Filing Form I-821 for Temporary Protected Status
For a national of a country in crisis, returning home can mean returning to armed conflict, disaster, or other dangerous conditions. Temporary Protected Status (TPS) exists for that situation: it lets nationals of designated countries who are already in the United States stay and work here lawfully while those conditions persist. Form I-821, Application for Temporary Protected Status, is how a person registers for that protection.
TPS is also one of the most volatile areas of immigration law right now. Designations are added, extended, and terminated on short timelines, and many recent terminations are tied up in active litigation. Anyone considering a TPS application should confirm their country’s current status before relying on any deadline or designation described here.
What Is Temporary Protected Status?
Temporary Protected Status (TPS) is a temporary protection granted to nationals of countries the Secretary of Homeland Security has designated as unsafe for return. A country may be designated when it faces conditions that temporarily prevent its nationals from returning safely, including:
- Ongoing armed conflict, such as a civil war
- An environmental disaster, such as a hurricane or earthquake, or an epidemic
- Other extraordinary and temporary conditions
TPS does not depend on the individual applicant’s circumstances in the way asylum does. It depends instead on the conditions in the designated country and on whether the applicant meets the eligibility requirements.
What TPS Provides
A person granted TPS receives protection from removal while the designation remains valid, along with eligibility for work authorization. With TPS, an individual may:
- Apply for an Employment Authorization Document (EAD) by filing Form I-765
- Apply for authorization to travel outside the United States
- Remain in the United States for the duration of the designation
TPS is not a path to a green card on its own; it does not, by itself, lead to lawful permanent residence. TPS is also not permanent. It lasts only as long as the country’s designation, which the government can decline to extend or can move to terminate.
A TPS holder who is independently eligible for permanent residence, through a family or employment petition, may still pursue it through the normal process. Whether that is possible depends heavily on how the person entered the United States and their immigration history, which is worth reviewing with an attorney.
Who Is Eligible for TPS?
Being a national of a designated country is the starting point, but not the only requirement. To qualify for TPS, a person generally must:
- Be a national of a TPS-designated country, or a person without nationality who last habitually resided in that country
- File during the country’s initial registration or re-registration period, or qualify for late initial registration
- Have been continuously physically present in the United States since the effective date of the country’s most recent designation
- Have continuously resided in the United States since the date specified for the country
- Not be subject to the criminal or security bars described below
Brief, casual departures from the United States do not necessarily break continuous residence. A person who has traveled abroad briefly may still qualify, but the departures have to be disclosed and evaluated, so this is a point to review carefully rather than to assume.
Bars to TPS Eligibility
TPS uses the same mandatory bars that apply to asylum. A person is not eligible, and cannot keep TPS, if they have:
- Persecuted others, or assisted in persecution
- Been convicted of a felony, or of two or more misdemeanors, in the United States
- Engaged in or incited terrorist activity
- Otherwise been found inadmissible on grounds that are not waivable for TPS
Some grounds of inadmissibility can be waived. A person who may be inadmissible can apply for a waiver on Form I-601 where one is available, but whether a waiver applies is a question for an attorney.
Re-registration also matters. A TPS holder must re-register during each re-registration period the government sets. Failing to re-register without good cause can result in a loss of TPS.
Which Countries Are Designated for TPS?
The Secretary of Homeland Security decides which countries are designated, and the list changes frequently. Each designated country has its own registration period, continuous-residence and continuous-presence dates, and designation end date, published in a Federal Register notice.
Because designations and termination dates are shifting constantly, and because several recent terminations have been challenged in court, this article does not publish a fixed country list. The current, authoritative list is on the USCIS Temporary Protected Status page. For anyone whose status or plans depend on a TPS designation, now is the time to confirm current status and to consider options rather than to assume a designation will remain in place.
How to Apply: Form I-821 and Form I-765
Form I-821, Application for Temporary Protected Status, is the TPS application itself, used both to register for the first time and to re-register. It can often be filed online or by mail, depending on the country and the filing instructions in the relevant Federal Register notice.
Form I-765, Request for Employment Authorization, is the application for an EAD. Filing it is optional and can be done at any time while a person holds TPS, but filing it together with Form I-821 may help an eligible applicant receive a work permit sooner.
An application also requires supporting evidence, as well as payment of the applicable fees or a fee waiver request.
Supporting Documents
A complete TPS filing generally includes:
- Form I-821 (and Form I-765 if requesting an EAD)
- Proof of nationality, such as a passport, birth certificate, or national identity document
- Evidence of continuous residence, such as utility bills, rent receipts, school or medical records, or affidavits
- Evidence of the date and manner of entry, such as a passport stamp or Form I-94 arrival/departure record
- Form I-601, if a waiver of inadmissibility is required
- The applicable filing fees or a fee waiver request
Filing Fees
TPS filing fees depend on the applicant’s age, whether biometrics are required, whether Form I-765 is filed, and whether the application is an initial registration or a re-registration. These fees have changed in recent years, including a significant increase to the initial TPS application fee, so confirm the current amounts on the USCIS fee schedule or with an attorney before filing.
After filing, the applicant submits the application to USCIS and, if requested, attends a biometrics appointment.
Temporary Protected Status: Common Questions
How long does it take to get TPS approved?
USCIS processing for Form I-821 generally takes around six months, though related filings and case-specific factors can extend that timeline.
Where do I send my TPS application?
It depends on the country. Some applicants can file Form I-821 online; others file by mail to the address in their country’s Federal Register notice. The filing instructions on the USCIS TPS page for each country are the place to confirm this.
Can I travel outside the U.S. with TPS?
Possibly, but not without an authorization in hand first. A TPS holder who wants to travel must apply for advance authorization on Form I-131, Application for Travel Documents. If approved, USCIS issues a TPS-specific travel document, the I-512T, which permits travel and return. Leaving the United States without that authorization can put both TPS and the ability to reenter at risk, so travel should not be arranged until the document is approved and received.
What is the difference between TPS and asylum?
Asylum is based on an individual’s fear of persecution and is open to anyone eligible, regardless of nationality; it can also lead to lawful permanent residence. TPS is tied to a country’s designation rather than to individual persecution and does not, by itself, lead to permanent residence. The two are not mutually exclusive; a person eligible for both can pursue them at the same time.
Does TPS expire?
TPS lasts only as long as the country’s designation, and the Secretary of Homeland Security controls that timeline. A designation can be extended or allowed to end, which is why TPS holders have to track their country’s status and re-registration periods closely.
Contact an Experienced Immigration Lawyer Today
TPS is shifting faster than almost any other area of immigration law, and the stakes for filing an application correctly, as well as knowing what to do if a designation is terminated, are high. The attorneys at Scott D. Pollock & Associates, P.C. have over three decades of experience in immigration and nationality law, including TPS applications and the alternatives available when a designation ends.
If you have TPS, are considering applying, or are unsure where your country’s designation stands, call 312.444.1940 or fill out our online contact form to discuss your situation.