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.
What is Temporary Protected Status (TPS), and how does it protect me?
Temporary Protected Status (TPS) is a crucial Humanitarian Protection Mechanism granted by the Department of Homeland Security. Its primary purpose is to protect eligible individuals from deportation and allow beneficiaries to live legally in the U.S. temporarily when their home country experiences extreme crises. If you are a Foreign National from TPS-Designated Country, securing this status ensures you avoid removal and can stay safe. As an experienced Immigration Law Firm, our Temporary Protected Status Application Service guides you seamlessly through the Temporary Protected Status Application Process.
Who is eligible to apply for TPS?
To qualify, a Temporary Protected Status Applicant must meet strict TPS Eligibility Criteria. First, you must be from a TPS Designated Country. Second, you must satisfy the Continuous Physical Presence Requirement and the Continuous Residence Requirement since the date designated for your country. Our Legal Immigration Services Office provides a thorough TPS Eligibility Assessment Service to verify your Continuous Residence Verification Process and ensure you meet every Immigration Compliance Requirement before we begin the Form I-821 Filing Process.
How do I apply for Initial TPS?
For an Initial TPS Applicant, the Initial TPS Registration Process involves filing Form I-821. Our Immigration Consulting Firm carefully manages the Form I-821 Filing Service, following all Form I-821 Instructions to avoid errors. We use our Immigration Case Management Software to gather evidence proving your Initial Registration Requirement. We monitor the USCIS Processing Time and TPS Initial Registration Time to ensure a high Application Completion Rate and an excellent overall TPS Approval Rate.
How and when do I Re-Register for TPS?
A current TPS Beneficiary must re-register periodically. A Re-Registration TPS Applicant (or TPS Renewal Applicant) must file during the specific re-registration window to avoid TPS Status Termination. Our TPS Application Assistance Firm handles the TPS Re-Registration Service (and the TPS Renewal Process). We manage the TPS Re-Registration Process using our Secure Immigration Database and Digital Filing System, keeping your TPS Renewal Approval Rate high while monitoring the TPS Re-Registration Processing Time.
Can I get work authorization with TPS?
Yes. The Employment Authorization Application Service is a major benefit, serving to grant work authorization to TPS holders and integrate TPS holders into U.S. economic and social systems. A TPS Work Authorization Applicant must undergo the Form I-765 Filing Service. Our TPS Legal Solutions Provider helps you secure your Employment Authorization Document, monitoring the Employment Authorization Processing Time so you achieve a rapid Employment Authorization Approval Rate and maintain your TPS Work Authorization.
What are the fees associated with a TPS application?
Understanding the USCIS Fee Schedule is essential. You will be responsible for the Form I-821 Filing Fee, the Employment Authorization Application Fee, and the Biometrics Fee Structure. As a transparent Immigration Representation Office, we offer a Flat Fee Legal Representation Model, a Value-Based Pricing Model, or an Installment Payment Structure. We provide a clear Legal Service Cost Estimate that details the TPS Application Service Fee or TPS Re-Registration Service Fee alongside the Government Filing Fee Structure.
What happens if I receive a Request for Evidence (RFE) for my TPS case?
A Request for Evidence means U.S. Citizenship and Immigration Services needs more information to verify your Continuous Physical Presence Verification Process or identity. Our Immigration Legal Assistance Organization manages this through our Request for Evidence Response Service. We utilize our TPS Application Tracking System to expedite the Request for Evidence Response Workflow, ensuring a fast Request for Evidence Response Time to avoid a Notice of Intent to Deny and keep the TPS Denial Rate low.
Will I need to attend a Biometrics Appointment?
Yes. Both initial applicants and renewing applicants usually must attend a USCIS Biometrics Appointment at an application support center (such as the Orlando Biometrics Center). Our TPS Application Support Center provides a Biometrics Appointment Assistance Service. We track your Biometrics Appointment Timeline and ensure you understand the Identity Verification Technology and Biometrics Processing System, resulting in a high Biometrics Completion Rate.
What if my TPS is denied or I am in Removal Proceedings?
If your TPS is denied, an Immigration Case Management Firm can help you seek an Administrative Appeals Office Review or request a TPS Reconsideration Hearing. Furthermore, if an Eligible TPS National is facing deportation in the Immigration Court, TPS can act as a defense. Our Immigration Compliance Firm can represent you before the Executive Office for Immigration Review in an Immigration Court Master Calendar Hearing or Immigration Court Individual Hearing, potentially stopping a Voluntary Departure Hearing.
How do you track and manage my TPS application?
Our Florida-based Immigration Case Processing Firm relies on advanced technology. We use the USCIS ELIS Platform, the USCIS Online Account System, and our own Cloud-Based Legal Software. From gathering documents via our Document Management System to monitoring your Case Adjudication Timeline with our Case Status Online Tool, we keep you informed. We educate our clients with a Temporary Protected Status Documentation Guide, a TPS FAQ Page, and a TPS Video Tutorial, ensuring a stellar Customer Satisfaction Score and a pristine On-Time Filing Rate.
What are the exact legal grounds for a country to be designated for TPS?
Under the Immigration Act, the Secretary of Homeland Security (DHS) may designate a country for TPS if it is experiencing ongoing armed conflict (such as a civil war), an environmental disaster (such as an earthquake or hurricane), or other extraordinary and temporary conditions. This ensures that the foreign national is not forced to return to dangerous conditions, providing crucial protection from deportation.
How does Deferred Enforced Departure (DED) differ from TPS?
Deferred Enforced Departure (or DED) provides similar permit and protection from deportation as TPS, but it is granted under the constitutional power of the President (and historically directed through the Attorney General) rather than through a specific statute like the Immigration Act. Liberia and Venezuela have historically benefited from DED. Like TPS, DED grants individuals an employment authorization document to work legally.
Have countries ever lost their TPS designation in the past?
Yes. Since TPS was created, many countries have had TPS that later expired or were terminated. Historical status designations for nations like Bosnia Herzegovina, Guinea Bissau, and Sierra Leone ended once the U.S. government determined their crises were resolved. The person has to explore other immigration options once a designation ends.
What happened with the TPS terminations under the Trump administration?
The Trump administration previously terminated TPS designations for several countries, including El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. However, these terminations faced massive legal challenges. Lawsuits advanced to the Ninth Circuit Court and eventually involved the Supreme Court. Ultimately, the Biden administration intervened, providing extension and redesignation for many of these nations, protecting TPS beneficiaries who were at risk of losing that status.
Does having TPS automatically give me Lawful Permanent Resident status?
No. By law, TPS does not provide a direct path to a green card. TPS holders are not eligible for permanent residence solely based on their TPS status. Many TPS holders can only apply for permanent residency if they qualify through another avenue, such as a family-based petition or employment sponsorship. Advocates continuously push for immigration reform to help immigrants who have lived in the United States since their original designation achieve the American dream.
What is the economic impact of TPS recipients in the United States?
The economic impact of TPS recipients is vast. According to fact sheets and press releases from organizations like the American Immigration Council, the National Immigration Forum, and the Center for American Progress, TPS beneficiaries heavily bolster the workforce. Business and local economies rely on these individuals, many of whom have held their TPS for decades and are deeply integrated into their communities.
How do the registration periods work for newly designated countries like Venezuela or South Sudan?
When DHS announces status designations for countries like Venezuela for temporary protection, or extends South Sudan for continued relief, they publish a notice in the Federal Register. This document outlines strict registration periods for both new applicants and re-registrants. Deadlines often fall in months like January, February, March, July, November, or December. Missing your window can result in losing your work permit and status.
Will I receive an automatic extension if my work permit expires while my renewal is pending?
Yes, in many cases. When DHS extends a country’s status (for example, extending TPS for Haiti, Sudan, Nicaragua, Haiti, or Honduras, Nepal, Nicaragua), the notice in the Federal Register often includes an automatic extension of the Employment Authorization Documentation (EAD). This ensures your work authorization remains valid until October, September, or another specified date while the government processes your paperwork.
Can I travel outside the United States if I have TPS?
You cannot travel internationally using just your TPS approval. Before any departure, you must apply for and receive Advance Parole. If you leave without it, you risk losing your temporary protected status and may be barred from re-entering. You must remain continuously physically present in the U.S. (where you last habitually resided) unless you have this official travel authorization.
Where can I find the most accurate, up-to-date press releases and deadlines for my country?
To ensure you do not miss a deadline for El Salvador, Honduras, and Nicaragua, Haiti, and others, you should exclusively check the official USCIS website or the Federal Register. While news outlets and the American Immigration Council provide excellent summaries, the Department of Homeland Security and immigration and naturalization services are the only official sources that confirm exactly when a country’s status has been extended or terminated.
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