TPS (Temporary Protected Status)
A statutory humanitarian designation under INA § 244 protecting eligible nationals of designated countries affected by armed conflict, environmental disasters, or extraordinary conditions.
1. Overview of the Process & Reasons to Pursue
Temporary Protected Status (TPS) is a temporary immigration status established under Section 244 of the Immigration and Nationality Act. The Secretary of Homeland Security designates foreign countries for TPS when conditions—such as ongoing civil war, earthquakes, hurricanes, or epidemics—temporarily prevent the country's nationals from returning safely. Beneficiaries who meet continuous residence and physical presence requirements are granted temporary lawful status in the United States, protection against detention and deportation, and authorization to work and travel abroad.
Why Someone Pursues This Process / How One Enters It
TPS provides immediate security for foreign nationals whose home countries are unsafe. Crucially, TPS holders cannot be removed from the U.S. and receive an Employment Authorization Document (EAD) and Social Security number. Furthermore, TPS holders can obtain travel authorization (Advance Parole via Form I-131), and under current USCIS policy, traveling abroad on TPS travel authorization provides an official inspection and admission that satisfies INA § 245(a) requirements for family-based Green Card adjustment.
2. How Long the Process Usually Takes
6 to 18 months for USCIS initial application or re-registration processing. USCIS routinely publishes automatic EAD extensions in the Federal Register during ongoing designation periods.
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Form I-821
Application for Temporary Protected Status (primary application)
Form I-765
Application for Employment Authorization (category (a)(12) for granted TPS or (c)(19) for pending TPS)
Form I-131
Application for Travel Document (filed for TPS travel authorization)
Form G-28
Notice of Entry of Appearance as Attorney
Form I-912
Request for Fee Waiver (available for indigent applicants)
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Proof of nationality or habitual residence in the designated country (valid foreign passport, national identity card with photo, or certified birth certificate with photo ID)
- Proof of continuous residence in the U.S. since the specific designation date established by the Federal Register notice (leases, deeds, utility bills, school transcripts, hospital records, bank statements, tax records)
- Proof of continuous physical presence in the U.S. since the designated effective date
- Certified final court dispositions and police clearance records proving no disqualifying criminal convictions
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Felony Conviction: Any conviction of a felony committed in the United States.
- Two Misdemeanor Convictions: Any conviction of two or more misdemeanors committed in the United States under 8 C.F.R. § 244.1.
- Mandatory Asylum Bars: Disqualified if subject to statutory bars to asylum, including persecutor of others, particularly serious crimes, aggravated felonies, or national security threats.
- Failure to Meet Residence Deadlines: Failure to establish continuous residence in the U.S. as of the mandatory Federal Register cut-off date.
- Late Initial Registration Without Good Cause: Failing to apply during the initial registration period without qualifying for statutory late registration exceptions.
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- TPS Granted: Approval notice issued with deferred removal protection and Employment Authorization Document delivered.
- Request for Evidence (RFE): USCIS requests additional continuous presence records or certified criminal records.
- Application Denied: USCIS issues written denial explaining criminal or physical presence deficiencies.
- De Novo Review in Court: If the applicant is in removal proceedings, the application is referred to the Immigration Judge.
8. What Can Be Done If Your Outcome Is Negative?
If USCIS denies a TPS application, the applicant can file an appeal with the Administrative Appeals Office (AAO) on Form I-290B within 30 days. If the applicant is in Removal proceedings before an Immigration Judge, the applicant has the statutory right to have the TPS application renewed de novo before the Immigration Judge under 8 C.F.R. § 244.18, with independent judicial determination.
9. Range of Legal Fees Charged by Lawyers
$1,000 to $2,500 typical attorney fee for standard TPS initial applications and re-registrations; $2,500 to $4,500 for complex cases involving late filings, criminal record vetting, or travel authorization.
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.