Eligible nationals of designated countries may apply for temporary protected status by filing Form I-821, Application for Temporary Protected Status.
What is Temporary Protected Status?
The Secretary of Homeland Security designates foreign countries for Temporary Protected Status (TPS). TPS is granted if conditions in the country prevent its nationals from returning home safely or if for some reason the country is not able to properly handle the homecoming of its nationals.
TPS is granted in circumstances such as civil unrest, armed conflict, and natural disasters.
Temporary Protected Status Countries
The following countries have Temporary Protected Status that expires on the listed date. If the conditions that caused the country to be designated for TPS continue past the expiration date, TPS status is often extended.
- Burma – November 25, 2022
- El Salvador – As long as the preliminary injunction ordered by the court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Sept. 14, 2020) remains in effect.
- Haiti – February 3, 2023
- Honduras – As long as the preliminary injunction ordered by the court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect, or by other order of the court.
- Nepal – As long as the preliminary injunction ordered by the court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect, or by other order of the court.
- Nicaragua – As long as the preliminary injunction ordered by the court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Sept. 14, 2020) remains in effect.
- Somalia – March 17, 2023
- Sudan – As long as preliminary injunction ordered by the court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Sept. 14, 2020) remains in effect.
- South Sudan – November 3, 2023
- Syria – September 30, 2022
- Venezuela – September 9, 2022
- Yemen – March 3, 2023
Temporary Protected Status
To apply for TPS you must meet the following eligibility requirements. You must:
- Be a national of a TPS country or a person who has no nationality but has habitually resided in the TPS country;
- File during the registration period; and
- Have been physically present in the United States since the most recent date that your country was designated as TPS.
Form I 821
In order to apply for TPS using Form I-821, you must provide documents proving you are a citizen of a foreign country, which is eligible for TPS. You must also provide evidence about your residence in the United States and your date of entry into the United States. At times you may be required by the USCIS to provide original documents, which will be returned to you after verification.
In order to prove your nationality, you may be required to provide copies of your passport and birth certificate along with photo identification and national identity from your home country, with your photo or fingerprint. Your passport and Form I-94, Arrival or Departure Record may be provided to prove your date of entry into the United States.
Employment records, rent or utility receipts, school records, medical or hospital records, church attestations, money order receipts, or other relevant documents may be submitted to prove your residence in America.
If you are unable to submit the required documents, you may submit an affidavit to the USCIS showing your unsuccessful efforts to obtain those documents. You may also use affidavits to prove your residence in the United States and date of entry into the United States.
If you are a person who is applying for initial registration, re-registration, or renewal, you will be required to submit biometrics which includes fingerprints, signature, and your photographs. There are also certain waivers in the collection of biometrics, which will be decided by the USCIS.
The USCIS will send the TPS applicants a notice scheduling the biometrics appointment at the Application Support Center. The applicant must appear for the biometrics collection and failure to do so may result in the denial of the TPS application. Separate fees for filing the form and biometrics collection must be paid exactly as required by the USCIS.
You will also be required to file Form I-765, Application for Employment authorization. Every applicant irrespective of age must file this form, even if you do not seek employment authorization.
USCIS recognizes that some people may not be able to pay the TPS registration fees. If you are unable to pay the filing fee and the fee for biometrics, you may request a fee waiver by filing Form I-912, Request for Fee Waiver. Written requests for fee waivers will also be accepted. These fee waiver requests must include the required supporting documents. TPS applications should either accompany the required fees or properly documented fee-waiver requests. Applications that are not properly submitted and those submitted without the required supporting documents will be rejected.
If your I-821, Application for Temporary Protected Status, is denied USCIS will send you a denial notice and they will also notify you whether you can appeal and the time you have to file the appeal with the USCIS.