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What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a humanitarian nonimmigration program that protects individuals from certain countries facing crises like war, natural disasters, epidemics, or other extraordinary conditions.

It allows immigrants from specific nations to temporarily stay and work in the U.S. without fear of deportation. However, this does not directly allow immigrants to adjust their status from TPS to green card. TPS holders must find another way to obtain a green card (we’ve outlined some options below).

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Ruby Kaur Is definitely the best in her field! Such a kind polite person and goes to all efforts to help you. Rang around and visited other ‘Immigration Law’ places who always seem to be in a rush with you. Certainly not at Kaur law. Ruby Answered all my questions in full detail and made me feel so reassured & took her time with me. Like wise with Karan and Anu Kaur as wel. Certainly the best team together! Will definitely carry on doing business with these guys in the future. Thank you
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TPS Status Eligibility

Those looking to apply for TPS must meet the following eligibility criteria: 

  1. Be a national of the foreign country with a TPS designation (or if a refugee, last resided in a country with a TPS designation)
  2. Have physical presence in the U.S. since the effective date of the most recent designation
  3. Have continuously resided in the U.S. since the date specified for your country
  4. Not be inadmissible or barred from asylum in the U.S. for criminal or national security-related reasons

Documents Required to Apply for Temporary Protected Status (TPS)

Proof of Identity and Nationality

When applying for Temporary Protected Status (TPS), you must provide documentation that confirms both your identity and your nationality. If you do not have a nationality, you must instead show that your last habitual residence was in a country currently designated for TPS.

The strongest form of evidence is primary documentation, which may include:

  • A government-issued photo identification card
  • A valid or expired passport
  • A birth certificate
  • A naturalization certificate with your photograph or fingerprint
  • A national identity card issued by your country of citizenship

Because missing or incorrect documentation can delay your application, many applicants choose to work with an experienced immigration attorney who can help ensure all required evidence is properly prepared.

If Primary Documents Are Unavailable

If you cannot obtain primary identity or nationality documents, you should submit a written affidavit explaining the efforts you made to secure them. Your statement should describe the attempts you made through your country’s embassy or consulate and explain why those efforts were unsuccessful.

You may also provide secondary evidence, such as:

  • A baptismal certificate identifying your nationality or that of one of your parents
  • Immigration records confirming your identity and nationality
  • A naturalization certificate that does not include a photograph or fingerprint
  • Sworn affidavits from relatives or friends who can verify your date and place of birth, as well as your parents’ nationality.

Proof of Your Date of Entry

You must also demonstrate when you first entered the United States. Acceptable documents may include:

  • Your passport with entry stamps
  • Form I-94, Arrival/Departure Record
  • Other official immigration records showing your date of entry

Proof of Continuous Residence

TPS applicants are required to show that they have continuously lived in the United States since the eligibility date established for their country’s TPS designation.

Supporting documents may include:

  • Lease agreements or rent receipts
  • Utility bills
  • Employment records or pay stubs
  • Medical or school records
  • Affidavits from individuals who can confirm your residence in the United States

Translation Requirements

Any document submitted in a language other than English must be accompanied by a complete English translation. The translator must certify that they are fluent in both English and the original language and that the translation is accurate and complete to the best of their knowledge.

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Application Process of TPS

  1. Determine Eligibility: Before applying, confirm that you meet the eligibility requirements for Temporary Protected Status (TPS). This includes being a national of a designated country and meeting specific residency and continuous physical presence criteria in the United States.
  2. Complete the Application Form: Fill out Form I-821, Application for Temporary Protected Status. Be sure to complete all sections thoroughly and accurately to avoid processing delays.
  3. Submit Supporting Documentation: Along with Form I-821, submit any supporting documents that demonstrate you meet the TPS requirements. This may include documents to prove your identity, nationality, and eligibility, such as a copy of your passport, birth certificate, evidence of income, employment records, school records, and any documents proving your presence in the U.S.
  1. Pay the TPS Filing Fee: Include the appropriate TPS filing fees for processing your application. Fee waivers may be available for those facing financial hardships. Check the official USCIS website for the current fee schedule and waiver options.
  2. Biometric Services Appointment: If required, attend a biometric services appointment to provide fingerprints, photographs, and signatures for identity verification purposes.
  3. Wait for a Decision: Once your application is submitted, wait for a notice from U.S. Citizenship and Immigration Services (USCIS) regarding the status of your TPS application. You will be notified of approval, the need for additional information, or denial of your application.
  4. Renewal of TPS: If approved, ensure to monitor the expiration date of your TPS status and apply for renewal as needed, adhering to the deadlines set by USCIS.

Common Paths to Adjust Status from TPS to Green Card

Family-Based Petition: If during your time as a TPS holder, you marry a U.S. citizen or green card holder, or a family member becomes a U.S. citizen, you may be able to adjust from TPS to green card status. Immediate relatives, such as a spouse, parent, or child over 21 who is a U.S. citizen, usually have a more straightforward path.

Employment-Based Petition: Holders of TPS may become eligible for a green card through employer sponsorship if they have a qualifying job offer. The process of TPS to green card holder often involves the employer obtaining labor certification and filing an employment-based immigrant petition.

Diversity Visa Lottery: Each year, the Diversity Visa lottery offers another potential path for adjusting status. Individuals from eligible countries can enter the lottery for a chance to transition from TPS to green card status.

Asylum: If you are eligible for asylum, you might adjust your status after having asylum status for a specific period.

Special Immigrant Juvenile Status (SIJS): Certain TPS holders under 21 who have been abused, neglected, or abandoned might apply for SIJS, leading to a potential path for a green card.

U Visa: If you have been a victim of a crime in the U.S. and assisted law enforcement, you might be eligible for a U visa and eventually adjust your status to a green card.

Keep in mind that each case is unique, and eligibility to adjust from TPS to green card status depends on various factors. Consult with an immigration attorney before making any decisions about adjusting your status.

Schedule a TPS Consultation with Kaur Law

TPS offers many immigrants essential protection and opportunities. Obtaining TPS status or transitioning from TPS to green card status can be challenging.

Kaur Law is here to guide you every step of the way. Our experienced attorneys provide advice tailored to your unique situation. Whether you need help with eligibility assessment, application preparation, or exploring pathways to permanent residency, we are dedicated to offering the best legal support possible. Schedule a consultation with Kaur Law today to discuss your TPS status and take the next step towards securing your future in the United States.

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