Information on Temporary Protected Status (TPS) from Gonzalez Law Offices - Rhode Island Immigration Law Experts

Temporary Protected Status (TPS)

TPS is a temporary immigration status granted to nationals of designated foreign countries, where the country conditions would pose a serious threat to their personal safety upon return. These designations are made by the Secretary of the Department Homeland Security (DHS).  The U.S. Citizenship and Immigration Service (USCIS), which is part of the DHS, may also grant TPS to individuals without nationality who were prior residents of the designated country. If eligible for this temporary status, individuals may obtain work authorization for the duration of their TPS period and for any extensions of their eligibility. The TPS designation will be extended for 6, 12, or 18 months if the conditions that led to the TPS designation continue. TPS does give individuals eligibility for permanent resident status.

To apply one must:

  • Complete Form I-821 (Application for Temporary Protected Status) and submit a filing fee, identity and nationality documentation and proof of residence;
  • If you want employment authorization, you should also submit Form I-765 (Application for Employment Authorization) with the proper fee;
  • Applicants who already have or do not wish to receive employment authorization still must submit a completed Form I-765 with their Form I-821, but without the filing fee;
  • After you send your application, if you are over the age of 14, you will received a notice from the USCIS advising you to have your biometrics taken;
  • If your TPS is approved, you must re-register with the USCIS for each period that your TPS is extended by submitting a new completed Form I-821 and Form I-765. When re-registering, you are only required to submit filing fees with your Form I-765.