How to Apply for Temporary Protected Status (TPS) in the U.S.
Undocumented Haitians in the United States can now apply for Temporary Protected Status (TPS). Please see our Haiti - Temporary Protected Status (TPS) page for more information.
Our law firm is helping Haitians around the United States file for TPS. If you have any questions about your eligibility for TPS or would like to apply for TPS, please call us at 1-800-385-7105 or complete this form and we will contact you.
Purpose of Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a blanket, temporary status that the United States government grants to persons already in the United States that are from countries the United States has determined are unsafe for them to return to.
A country may be designated for TPS if:
- There is ongoing armed conflict within the country that makes it unsafe for persons to return to the country; or
- A natural or environmental disaster has led to a substantial but temporary disruption of living conditions within a country; or
- Other extraordinary and temporary conditions prevent persons from returning to the country in safety.
When the United States designates a country for TPS status, it will also designate a time period in which persons from that country must register for TPS benefits and a termination date—the date when TPS designation for the country will end. The United States may choose to extend a country’s TPS designation beyond the initial period if it determines it is still unsafe for persons to return to the country.
Eligibility for Temporary Protected Status (TPS)
To establish your eligibility for TPS, you must:
- provide proof of your identity;
- provide proof that you are a national of a TPS-designated country;
- provide proof that you have been continuously living in the United States since the date of TPS-designation;
- register within the designated registration period (under certain circumstances, you may file an application for TPS after the registration period has ended); and
- not be subject to certain security and criminal grounds that make you inadmissible (you may be ineligible for TPS if you have committed certain crimes).
If you are stateless and cannot meet the second requirement, you may provide proof that you habitually resided in a TPS-designated country.
Registering and Re-registering for Temporary Protected Status
To register for TPS, you must file Form I-821, Application for Temporary Protected Status and Form I-765, Application for Employment Authorization.
If you are granted TPS, and TPS designation for your country is extended beyond the initial period, you must re-register for TPS. To re-register, you must again complete and file Form 821, Application for Temporary Protected Status and Form I-765, Application for Employment Authorization.
If you have been granted TPS, you are eligible to apply for other immigration benefits for which you qualify. For example, you may apply for asylum even if you have been granted TPS. Also, if your asylum application has been denied, you may still be eligible for TPS.
Also, if you are granted TPS, you may travel abroad with permission. This means you will have to complete and file Form I-131, Application for Travel Document.
Termination of Temporary Protected Status
TPS does not lead to permanent resident status or citizenship. When the United States terminates its TPS designation for a country, the status of TPS beneficiaries returns to the status they had before being granted TPS, or any other status they acquired while being registered for TPS. This means that if you did not obtain any other lawful status during the period of TPS designation for your country, you will return to unlawful status upon termination of your country’s TPS designation.
Lincoln-Goldfinch Law Firm is highly experienced in helping clients to obtain Temporary Protected Status.