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SAMPLE WORKFLOW FOR APPLICATION FOR TEMPORARY PROTECTED

STATUS (TPS)

Note, steps listed might not necessarily be sequential and will depend on the circumstances of each case.

1. Initial consultation with Attorney to assess eligibility.


 See Sample Eligibility Screening Assessment Tool for TPS
 See Chart of TPS Countries

2. Attorney gives retainer agreement to Client.


3. Client signs retainer agreement and makes required payment.
4. Case file is created, and case is opened in case-management system.
5. Paralegal sends Client intake questionnaire to be completed and checklist of documents to be
provided by Client. Intake forms are to be completed by each family member seeking TPS.
 See Sample Checklist of Documents for Client for Initial Request for TPS
 See Sample Intake Questionnaire for Initial Request for TPS

6. Attorney reviews Client’s documents and information with Paralegal, and Attorney and Paralegal
work with Client to obtain any missing documents.
7. Paralegal drafts forms, including:
a. Form G-28, Notice of Entry of Appearance as Attorney;
b. Form I-821, Application for Temporary Protected Status;
c. Form I-765, Application for Employment Authorization (may be filed concurrently or
after filing the TPS application; optional and not necessary if Client already has work
authorization);
d. Form I-601, Application for Waiver of Grounds of Inadmissibility (if the applicant is
subject to a waivable ground of inadmissibility).
 See Instructions and Tips for Completing Forms for Temporary Protected Status: Forms G-
28, I-821, and I-765
 See Sample Request for TPS with Application for Employment Authorization Document:
Forms G-28, I-821, and I-765

8. Attorney and Paralegal review forms and make necessary edits.


9. Paralegal sends forms to Client for review and signature and reminds Client to pay for the
government filing fee if not already paid.
10. When final signed forms are received, Paralegal or Attorney drafts cover letter and assembles
TPS packet.
 See Sample Packet Preparation and Review Checklist for a TPS Application

11. Attorney reviews the TPS packet and makes any necessary edits or instructs Paralegal to make
necessary edits.

107
108 AILA’s Immigration Law Practice and Procedure Manual

12. Attorney signs forms and cover letter.


13. Paralegal makes copies for Client’s file and sends packet to USCIS.
14. Paralegal sends a copy of application packet and USPS/courier tracking information into case-
management system and sends a copy of the receipt notices to Client.
15. When receipt notices are received, Paralegal enters a copy and necessary information into case-
management system and sends a copy of the receipt notices to Client.
16. When Application Support Center (ASC) appointment notice received, Paralegal enters a copy
and relevant information into case-management system.
a. Attorney or Paralegal sends a copy of ASC appointment notice to Client, with
instructions about ASC appointment, and asks Client to confirm that they will be able to
attend the ASC appointment.
 See Sample Instructions to Client about Attending Application Support Center (ASC)
Appointment (Volume 1 Appendix)
 See Sample Application Support Center (ASC) Appointment Notice (Volume 1 Appendix)
17. If Client is unable to attend the scheduled ASC appointment, Attorney advises Client how
to reschedule ASC appointment via telephone.
 See Rescheduling Biometric Services Appointments by Phone at https://www.uscis.gov/‌
news/‌alerts/‌rescheduling-biometric-services-appointments-by-phone.
18. Client attends the ASC appointment.
19. If an RFE received, Paralegal enters a copy and necessary information into case-management
system.
a. Appropriate calendaring is needed to ensure timely response to the RFE.
b. Appointment scheduled with Client to discuss the RFE.
c. Attorney reviews the RFE with Client and explains the additional documentation that is
needed to respond to the RFE.
d. Follow-up email is sent to Client listing documents that Client needs to provide to
Attorney for the RFE response.
e. Attorney and Paralegal follow up with Client to ensure timely receipt of documents from
Client.
f. When additional documentation received from Client, Attorney drafts the RFE response
and submits it to USCIS.
20. When TPS is approved, a copy of approval notices and the employment authorization document
is sent to Client.
21. Expiration date of TPS status and reminders for extension of TPS status are calendared.
 See Sample Letter to Employer Regarding Automatic Extension of TPS EAD

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