Temporary Protected Status (TPS)

The Trump Administration terminated TPS for Nepal, Honduras, Guinea, Liberia, Sierra Leone, El Salvador, Haiti*, Nicaragua, and Sudan. However, due to lawsuits from TPS holders, the government has been forced to delay the termination of TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan. However as of September 10th, DHS announced they would automatically be extending TPS from October 4, 2021, to December 31, 2022 for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal pending a court decision. TPS was also extended and redesignated for Syria, Yemen**, Somalia***, and South Sudan, meaning that people arriving more recently from these countries who do not already have TPS are eligible to apply.

On June 9th, 2023 the Biden Administration rescinded the prior Administration’s termination of TPS for El Salvador, Honduras, Nepal, and Nicaragua. The decision extended TPS for 18 months for those countries but did not redesignate TPS. Meaning current TPS beneficiaries of those countries must re-register for TPS to keep their protections, but individuals from those countries who do not already have TPS generally cannot now. See below for specific re-registration period windows. Unfortunately, new applicants cannot apply at this time.

***Somalia

On July 19, 2021 the Secretary of Homeland Security announced an extension and re-designation of TPS designation for Somalia through March 17, 2023. The extension allows current TPS holders to renew their protections; the redesignation allows Somalia nationals who have been continuously present in the U.S. since July 19, 2021 to apply as well.

This means that current TPS holders and people who qualify for TPS from Yemen can obtain TPS through March 17, 2023.

The re-registration period is from July 22, 2021- September 20, 2021, this means that current TPS holders must renew during this time period.

New applicants can apply between July 22, 2021- March 17, 2023

**July 6, 2021 – Yemen

On Jul 6, 2021 The Secretary of Homeland Security announced an extension and re-designation of TPS designation for Yemen through March 3, 2023. The extension allows current TPS holders to renew their protections; the redesignation allows Yemeni nationals who have been continuously present in the U.S. since July 5, 2021 to apply as well.

This means that current TPS holders and people who qualify for TPS from Yemen can obtain TPS through March 3, 2023.

The re-registration period is from July 9, 2021 through September 7, 2021, this means that current TPS holders must renew during this time period.

New applicants can apply between July 9, 2021 to March 3, 2023.

*May 22, 2021 – Haiti

On May 22, 2021 the U.S. government announced a new TPS designation for Haiti. Because the previous designation for Haiti was terminated, everyone eligible for Haiti TPS, including individuals who currently have TPS under the previous designation, need to apply for protection under the new designation.

All applicants can apply between August 3, 2021 through February 3, 2023.

March 2, 2022 – South Sudan

On March 2, 2022 the Secretary of Homeland Security announced an extension and re-designation of TPS designation for South Sudan through November 3, 2023. The extension allows current TPS holders to renew their protections; the redesignation allows South Sudan nationals who have been continuously present in the U.S. since March 1, 2022 to apply as well. 

This means that current TPS holders and people who qualify for TPS from South Sudan can obtain TPS through November 3, 2023. 

The re-registration period is from March 3, 2022, to May 2, 2022, this means that current TPS holders must renew during this time period. 

New applicants can apply between March 3, 2022, through Nov. 3, 2023. 

March 2, 2022 – Sudan 

On March 2, 2022 the Department of Homeland Security announced the new TPS designation for Sudan. 

Existing TPS Sudan beneficiaries can retain their TPS through December 31, 2022, and the Department of Homeland Security will continue to extend TPS for them as required by court order. However, these beneficiaries are also strongly encouraged to register under the new designation of Sudan to receive TPS benefits for the full 18-month period. Individuals will need to file a new application to register for TPS to avoid losing TPS or experiencing a gap in coverage.

More information will be updated once the Federal Register notice is posted.

March 3, 2022 – Ukraine

On March 3, 2022 the Department of Homeland Security announced the new TPS designation for Ukraine for 18 months. Individuals eligible for TPS for Ukraine must have continuously resided in the United States since March 1, 2022. 

More information will be updated once the Federal Register notice is posted.

March 16, 2022 – Afghanistan

On March 16, 2022 the Department of Homeland Security announced the new TPS designation for Afghanistan for 18 months. Individuals eligible for TPS for Afghanistan must have continuously resided in the United States since March 15, 2022. 

More information will be updated once the Federal Register notice is posted.

There are two pending lawsuits (Bhattarai v. Nielsen) and (Ramos v. Nielsen) challenging the previous administration’s decision to end TPS for the following countries:

• El Salvador
• Haiti
• Nicaragua
• Sudan
• Honduras
• Nepal

Due to the lawsuits the terminations have been paused and TPS protections have been extended. (See above for expiration dates per country).

While the court cases are still pending, and we don’t know how they will be resolved, we do know that those TPS holders –and their families– from countries where TPS has been extended and/or redesignated (as discussed above, which would keep you protected if you qualify for TPS) at least have relief, and the Biden Administration has the authority to extend and redesignate those countries whose designations remain in limbo.

It is important, in these uncertain times, for those eligible to re-register for TPS to do so as soon as possible. As always, we encourage you to consult with an immigration attorney or accredited legal representative before filing anything. You can find a step-by-step re-registration guide here. In the meantime, advocates will continue to push Congress to use its power to find a permanent solution for all TPS holders, whether they are covered by the injunction or not.

If there is a redesignation– a new designation– TPS holders from that country are required to re-register if they wish to maintain TPS status. Typically, in addition to re-registering, TPS holders must renew their Employment Authorization Documents (EADs) to continue working legally in the United States until their TPS expires.

First-time TPS applicants and TPS holders who are re-registering can now file for TPS online. We recommend that you seek legal help or reach out to an accredited organization that can guide you through the process. There will be people who might try to take advantage of your situation, check out these resources that can help you avoid becoming a victim of fraud.

First, check if the re-registration window is currently open for TPS for your country by visiting USCIS’ TPS page here, and selecting your country from the left hand side of the page for guidance.

If you have not re-registered and TPS is still active for your country, follow these steps to re-register:

1. Find your previous registration or re-registration application and use it as a guide as you complete your new application. You can check to make sure that the information on your new application is consistent with the information you submitted in your previous application.
2. Make sure to download the correct forms directly from USCIS. You can download them here. IMPORTANT: if a form is out of date or old, USCIS will not accept it and your application will be rejected.

You will need to download and complete the following forms. Make sure to read the list of requirements for each form on the USCIS page to ensure you are not leaving out any required supporting documents or materials:

• Form I-821: Application for Temporary Protected Status
• Form I-765: Application for Employment Authorization. Description: this is the application to receive an Employment Authorization Document (EAD) to work legally in the U.S., which is available to all individuals approved for TPS. Please note that this form must include two passport-sized photos with the applicant’s name, A-Number, and form number written on the back of each photo and paper clipped to the I-765 form.
• Form I-912: Request for Fee Waiver. Description: fee waivers are available to some individuals for certain immigration services and forms based on a demonstrated inability to pay (financial need).
• Form I-131: Application for Travel Document. Description: this is the application for “advance parole,” which enables the recipient to temporarily travel outside of the U.S for humanitarian, education, or employment purposes. Please note that this form must include two passport-sized photos with the applicant’s name, A-Number, and form number written on the back of each photo and paper clipped to the I-131 form.
• Form I-601: Application for Waiver of Grounds of Inadmissibility. Description: When you apply, if you are aware that a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS, please fill out this form. However, once you have had a I-601 form approved by USCIS and received a waiver of inadmissibility, you do not need to file a new Form I-601 for any future TPS applications. USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest. Please note that this form must be submitted along with a $930 filing fee.
• A letter explaining in detail why you are filing late. If you file outside of the registration period, the letter must show “good cause” for late filing – in other words, you must have a good reason. Reasons can include but are not limited to: an emergency situation that prevented you from filing on time, reasonable confusion caused by pending litigation, or confusion caused by DHS announcements of termination or extension of TPS for your country. Explain how these affected you, including how they impacted your ability to re-register on time.

*If you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization.

3. Accurately fill out all forms. Remember to read all instructions on the forms thoroughly, and to double check your responses with the responses you included in your previous registration or re-registration application so that the information is consistent. It is recommended that you fill out the forms digitally to make sure all information is readable. If you are filling them out by hand, make sure you write clearly with a black pen.

4. Create a cover letter that includes a checklist of the items and documents in the submission to help the USCIS agent easily see what they are about to review.

5. Purchase your money order. You can purchase one at your local U.S. Post Office. USCIS does not accept cash. The money order must be made out to “U.S. Department of Homeland Security” (do not use abbreviations like “DHS”).

If the application is for someone 15 years or older, the money order should be for $495. This covers the Employment Authorization Application (Form I-765) filing fee ($410) and biometrics fee ($85). Applicants 14 years and younger do not need biometrics done, so their money order should be for just $410.

If you are also applying for a waiver of grounds of inadmissibility (form I-601), you must also include a money order for $930, the filing fee for that form.

6. Photocopy the contents of your entire application, including copies of your money orders, photos, and supporting documentation.

7. Package and send your application, ideally via certified mail so that you can track your package and verify that it was delivered to USCIS. We recommend that your application packet be in the following order to make it easier for review:

• $495 Money Order ($410 for applicants 14 years and younger)
• Cover Letter
• Completed Form I-821
• Letter explaining your reason for a late re-registration (if applicable)
• Completed Form I-765.The form should include two passport size photographs. You can paper clip the photos to the correct form. Make sure to write the applicant’s name, Alien Registration Number (A-Number), and form number on the back of each photo.
• Other completed forms as relevant to your case (e.g. Form I-601, Form I-912, Form I-131)
• Copies of supporting evidence establishing your eligibility for TPS:
  • A copy of your last EAD (if possible, include copies of all EADs you have received over the years)
  • Past TPS approval notices
  • Evidence to prove your identity and nationality, such as passports and birth certificates
  • Evidence to prove your date of entry into the United States
  • Evidence to prove your residence in the United States
  • Court disposition records (if you were ever arrested, charged, or convicted for a criminal offense)
  • Other documentation of your immigration proceedings

Tip: Do not staple your application together. This makes it harder for the review process and your application could even be rejected by USCIS. Instead use paper clips.

After reviewing and double-checking your application for accuracy, you are ready to mail it to USCIS for processing. The mail-to address depends on the country you are from which has received TPS designation.

You can check on the USCIS site here for where to mail the application. Once on the site, on the left hand side under TPS, select your country. Once on the landing site for your selected country, scroll down to “Where to File” and click the section open to see the correct mailing address to send your application to.

Tip: We advise that you mail using priority shipping that includes a tracking number. The USPS’s Priority Mail flat-rate envelopes are perfect for this.

If your TPS expires and you are not eligible to re-register, you will generally return to your prior immigration status before you obtained TPS. For example, if you entered the U.S. without inspection and are not eligible for another form of immigration relief, then you return to an undocumented status and become subject to removal. However, if you previously had a lawful nonimmigrant status, such as having a student or work visa, if it has expired, you will no longer be considered to have that status and will be considered undocumented. You should consult an immigration attorney, legal services organization, or DOJ-accredited representative for guidance and closer examination of your case to see if you qualify for another form of relief. You can find an organization near you that can help with this.

If your TPS expires and you are eligible to re-register, DHS may automatically extend your current EAD to accommodate the time it takes to submit and process your re-registration application. We advise re-registering as soon as the re-registration window for your country opens

Whether you qualify for another form of immigration relief or not, you should construct a family preparedness plan to prepare for various scenarios. You can find guides here. You can also practice knowing your rights and teaching your family their rights, too. You can find videos and guides here.

Your work permit is valid until the expiration date listed on the employment authorization document. If your TPS expires but you are eligible to re-register, DHS may automatically extend your current EAD to accommodate the time it takes to submit and process your re-registration application.

If TPS for your country has been terminated and you are not eligible to renew, you will be unable to renew your work permit under TPS.

You may be eligible for another form of immigration relief if you have or used to have TPS. You should consult with an organization, immigration attorney, or DOJ-accredited representative to review your case, as each individual’s case is unique and there can be many options. You can find an organization near you that can help with this. You can also use the Immi tool to check if you’re eligible for other forms of immigration relief.

A U.S. citizen’s status is not impacted if their parents’ TPS expires. However, they may be emotionally or financially impacted if a parent is forced to leave the U.S. If you or a family member have TPS, it is a good idea to make a family plan that includes travel, financial, and custody arrangements for your children, in case you need to relocate or navigate other circumstances. You can find family preparedness planning guides here. Making a plan will help you and your loved ones feel more prepared and secure, no matter what happens.

TPS holders who want to travel outside the United States must first apply for advance parole travel authorization. You may apply for this with Form I-131 and file it together with the I-821 or separately based on a pending or approved I-821.

However, before deciding to depart the country, you should consult an immigration attorney or DOJ-accredited representative about the risks of traveling with advance parole.