Temporary Protected Status (TPS)
Protection When You Need It Most
Temporary Protected Status Lawyers in Orlando
Pursuing TPS? We May be Able to Help.
When conditions such as ongoing armed conflicts, environmental disasters, or other extraordinary and temporary conditions arise in other countries, the Secretary of Homeland Security may grant eligible foreign nationals Temporary Protected Status if they are already in the United States.
TPS essentially provides eligible foreign-born individuals protection from deportation, permission to obtain an employment authorization document (EAD), and potentially, travel authorization. This temporary immigration status gives beneficiaries a “safe haven” in the US for some time, allowing them to earn a living and have some peace of mind.
If you are a national in any of the following countries, you may be eligible for TPS for a certain period of time. Below is the latest update from The Department of Homeland Security (DHS).
The 18-month re-registration period under the TPS designation of:
Important Update: 18-Month Re-Registration Period for TPS Designation
El Salvador now runs through March 9, 2025
Haiti now runs through Aug. 3, 2024
Honduras now runs through July 5, 2025
Nepal now runs through June 24, 2025
Nicaragua now runs through July 5, 2025
Sudan now runs through April 19, 2025
Extensions are not automatic, and they require an application process. Contact our offices to learn more and get started on your application today!
February 1st, 2025 TPS Update for Venezuela
Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (TPS) for Venezuelan nationals.
Secretary Noem’s decision to terminate TPS for Venezuela reverses the previous extension granted in January 2025 by former DHS Secretary Alejandro Mayorkas under the Biden Administration.
The Department of Homeland Security (DHS) has stated that the termination will become effective On April 7, 2025. This designation applies to those who arrived in the U.S. on or before July 31, 2023.
Who Qualifies for TPS?
As we discussed before, you must reside in one of above the countries to be eligible for TPS, and your home country must be undergoing any of the following conditions:
Ongoing armed conflict (such as civil war)
An environmental disaster (such as an earthquake or hurricane), or an epidemic
Other extraordinary and temporary conditions
Even if you satisfy these conditions, there are additional TPS criteria. You must:
Be 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 initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation;
Have been continuously physically present (CPP) in the US since the effective date of the most recent designation date of your country; and
Have been continuously residing (CR) in the US since the date specified for your country, although, certain exceptions apply.
However, you are not eligible to apply for TPS or maintain your existing TPS if you:
- You must be a lawful permanent resident (have a green card) for at least five years, or three years if married to a U.S. citizen.
- Are subject to any of the mandatory bars to asylum, which include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
- Are inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
- Fail to meet initial or late initial TPS registration requirements; or
- Fail to meet the continuous physical presence and continuous residence requirements in the US;
- Fail to re-register for TPS without good cause (if granted TPS).
Even if you meet these TPS qualifications, it is best to ask your lawyer how each criterion applies to your unique situation. As straightforward as these qualifications and requirements may appear, the reality is, there are several exceptions and details to consider before you move forward with the TPS application.
Can TPS Lead to Citizenship?
No, TPS currently does not make beneficiaries automatically eligible for permanent residence or citizenship in the US. However, President Biden proposed legislation that would allow TPS holders to apply for citizenship 3 years after getting a green card if they meet certain qualifications. This is merely a proposal, not a law that has taken effect. As such, remember that TPS does not provide an automatic path to a green card or citizenship, although, eligible TPS holders may apply for a green card.t
How Do You Apply for TPS?
To begin the application process, you must complete several forms, evidence, and fees, including:
- Evidence, including:
- Date of entry evidence
- Continuous Residence (CR)
- Identity and nationality evidence
- Form I-821 fees and other related fees
- Form I-765, Request for Employment Authorization
- Form I-821, Application for Temporary Protected Status
- Fee waiver (if you cannot afford the TPS application costs)
- Include this request on Form I-912, Application for Fee Waiver
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if you are deemed inadmissible and need a waiver to obtain TPS)
Once you compile and complete the necessary documents and paperwork, you can begin the TPS application process. However, you are advised to hire a TPS attorney to help you complete the process, as one minor error could result in a rejection of your application.
To get you familiar with the TPS application process in the meantime, however, we summarize the steps below:
Ready to Get Started?
As you can see, the TPS application process is not as simple as you may think. With the current litigation going on especially, it can be confusing to understand your rights, benefits, timeline, and more. But don’t panic. With the help of our temporary protected status attorneys, clients throughout Orlando can get the one-on-one guidance, commitment, and legal counsel they need to get the temporary protection they need and deserve.
To learn if you are eligible for TPS and get started on the process, reach out to our attorneys online or at (407) 329-7711 today!
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Frequently Asked Questions
Clear and Detailed Answers to Help You Understand Your Case
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a temporary immigration status granted to individuals from certain countries experiencing ongoing conflict, natural disasters, or other extraordinary conditions that make it unsafe to return.
Temporary Protected Status (TPS) is a humanitarian immigration program that allows eligible nationals of designated countries to live and work legally in the United States for a temporary period due to extraordinary conditions in their home country.
These conditions may include armed conflict, natural disasters, or other temporary situations that make safe return impossible. Individuals granted TPS are protected from deportation and may apply for employment authorization while the designation remains in effect.
TPS does not automatically lead to permanent residency or citizenship, but beneficiaries may be eligible for other immigration benefits. Immigration attorneys help applicants determine eligibility, file TPS applications or renewals, and maintain compliance with U.S. immigration laws.
Who is eligible for TPS?
Eligibility depends on your country of origin, date of arrival in the U.S., and whether you meet requirements such as continuous residence and background checks. Only individuals from designated countries can apply.
Which countries currently have TPS designation?
Yes. Most applicants must take a test on and demonstrate . However, some exceptions apply for older applicants or those with disabilities.
Does TPS lead to permanent residency or citizenship?
No, TPS does not automatically lead to a green card or citizenship. However, some individuals may qualify for other immigration options while under TPS. An immigration attorney can help you explore your options.
Can TPS holders work and travel outside the U.S.?
Yes, TPS holders can apply for work authorization. They may also request a travel permit (Advance Parole) to leave and return to the U.S. legally.
How do I apply for TPS?
To apply, you must file Form I-821 (Application for Temporary Protected Status) and Form I-765 (for work authorization) along with supporting evidence. We guide you through the application process to ensure accuracy and compliance.
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