CHAPTER 2

TEMPORARY PROTECTED STATUS (TPS)

OVERVIEW
Temporary Protected Status (TPS) is a humanitarian benefit available since the 1990 Immigration Act
passed, which came under fire in the Trump Administration. However, the benefit survived, and hundreds
of thousands of immigrants currently benefit from TPS.
The Secretary of Homeland Security, after consulting with appropriate government agencies, 1 may
designate TPS for nationals of a particular country who are in the United States and unable to return to
their homeland due to:
• Ongoing armed conflict within the state, where due to that conflict, the return of nationals to that
state would pose a serious threat to their personal safety;
• An environmental disaster resulting in a substantial, temporary disruption of living conditions
where the state is temporarily unable to adequately handle returning nationals, and the state,
therefore, requests TPS designation;
• Other extraordinary and temporary conditions in the state that prevent nationals from returning
safely unless the Secretary of Homeland Security finds that permitting nationals of the state to
remain temporarily is contrary to the national interest of the United States. 2
The decision by the Secretary of Homeland Security to designate a country for the TPS program is not
reviewable by a court.
Eligible TPS applicant must meet the following criteria:
• Is a national of a foreign state designated for TPS status; 3
• Has been continuously physically present in the United States since the effective date of the most
recent designation of that foreign state; 4
• Has continuously resided in the United States since such date as the Secretary of Homeland
Security may have designated; 5
• Is admissible as an immigrant; 6
• Registers for TPS during the initial registration period announced by public notice in the Federal
Register or during any subsequent extension of such designation if, during the initial registration
period, the applicant is a nonimmigrant or has been granted voluntary departure or other relief from
removal; or has an application for change of status, adjustment of status, asylum, voluntary
departure, or any relief from removal that is pending or subject to further review or appeal; is a
parolee; or is a spouse or child of someone currently eligible for TPS; 7

1
The agencies typically consulted are the Department of State (DOS), the National Security Council (NSC), and the Department
of Justice (DOJ).
2
USCIS Policy Manual https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm38-external.pdf (AFM
Chapter 38).
3
8 Code of Federal Regulations (CFR) §244.2(a).
4
8 CFR §244.2(b).
5
8 CFR §244.2(c).
6
8 CFR §§244.2(d) and (e). Exceptions are made for certain noncriminal and nonsecurity grounds and others may be waived
where it is otherwise in the public interest, 8 CFR §244.3(b).
7
8 CFR §244.2(f).
99
100 AILA’s Immigration Law Practice and Procedure Manual

• Must not be firmly resettled in a third country. 8

Individuals who have been convicted of a felony or two or more misdemeanors or are covered in
Immigration and Nationality Act (INA) §241(b)(3)(B). 9
If an individual is granted TPS, they will not be deported during the designated TPS period and will
be granted employment authorization for a period of one year or the for the duration of the TPS period,
whichever is shorter. If TPS is extended, the work authorization may be extended in eighteen-month
increments because that is the period of time typically granted for TPS extensions.
TPS recipients are also eligible to apply for cancellation of removal when their TPS time expires, and
time in TPS won’t cause a break in presence. The time in TPS counts for non-lawful permanent resident
cancellation, if extreme hardship can be demonstrated, 10 but not for lawful permanent residence
cancellation. 11

DESIGNATED COUNTRIES AS OF MAY 11, 2021 12

• El Salvador (Extended until October 4, 2021)
• Haiti (Extended until October 4, 2021)
• Honduras (Extended until October 4, 2021)
• Nepal (Extended until October 4, 2021)
• Nicaragua (Extended until October 4, 2021)
• Somalia (Extended until September 17, 2021)
• South Sudan (Extended until October 4, 2021)
• Sudan (Extended until October 4, 2021)
• Syria (Extended until March 31, 2021)
• Venezuela (Designated March 9, 2021)
• Yemen (Extended until September 3, 2021)

THE GENERAL TPS APPLICATION PROCESS

TPS applicants are required to submit Form I-821, Application for Temporary Protected Status; Form
I-765, Application for Employment Authorization; and supporting evidence demonstrating eligibility for
TPS. Applicants are also required to submit biometrics at an Application Support Center. Filing fees are
required for the I-821, biometrics, and the I-765 (though children under 14 are exempt from the biometrics
fee and adults over 66 are exempt from paying a fee for the Form I-765). If the TPS applicant does not
need authorization to work, the I-765 must still be submitted, though the form must still be submitted for
registration purposes. However, no fee will be charged.
If TPS is granted, it will be for a period of six, twelve, or eighteen months and is extendable as long as
TPS designation continues for the particular country. Countries can also be redesignated (versus extended)
for TPS, which means that the physical presence requirement for nationals of the country will be updated,

8
Matter of ___ (AAO NSC LIN 10 903 06001 (June 8, 2011), reprinted in 88 No. 24 Interpreter Releases 1551–52, 1584–86
(June 27, 2011).
9
INA §241(b)(3)(B) refers to people who have ordered, incited, assisted, or otherwise participated in the persecution of an
individual because of the individual's race, religion, nationality, membership in a particular social group, or political opinion;
been convicted by a final judgment of a particularly serious crime and are a danger to the community of the United States; there
are serious reasons to believe that the person committed a serious nonpolitical crime outside the United States before the alien
arrived in the United States; or there are reasonable grounds to believe that the person is a danger to the security of the United
States.
10
INA §244(e).
11
INA §240A(a).
12
Check the following link for the most recent list of designated countries and applicable expiration dates: https://www.
uscis.gov/humanitarian/temporary-protected-status.
Chapter 2: Temporary Protected Status 101

and people not present during the initial designation will have an opportunity to apply. 13 TPS extensions
or terminations are to be announced 60 days prior to TPS expiration via publication in the Federal Register.
If there is no published announcement, the designation is automatically extended for six months, 14 and
there is no limit on the number of extensions permitted.

TIMING
Applications for TPS must be filed in the period specifically stated for the TPS country. However, late
applications can be filed within 60 days 15 following the expiration or termination of any of the following
conditions:
• The applicant is a nonimmigrant or has been granted voluntary departure status or any relief from
removal; 16
• The applicant has an application for change of status, adjustment of status, asylum, voluntary
departure, or any relief from removal that is pending or subject to further review or appeal; 17
• The applicant is a parolee or has a pending request for reparole; 18 or
• The applicant is a spouse or child of an alien currently eligible to be a TPS registrant. 19
USCIS may also accept a late re-registration if the applicant has a good cause for filing after the end
of the re-registration period. Applicants for late re-registration must submit a letter explaining the reason
for filing late.
During either initial registration or re-designation, an application can be filed late if the applicant was
a child of an individual currently eligible for TPS. There is no time limit for such requests. 20

WHAT TO FILE
Forms
• Form I-821, Application for Temporary Protected Status;
• Form I-765, Application for Employment Authorization (may be filed concurrently or after filing
the TPS application);
• Form G-28, Notice of Entry of Appearance as Attorney;
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if the applicant is subject to a
ground of inadmissibility).

13
8 U.S. Code (USC) §1254a(b).
14
8 CFR §244.19.
15
8 CFR §244.2(g).
16
8 CFR §244.2(f)(2)(i).
17
8 CFR §244.2(f)(2)(ii).
18
8 CFR §244.2(f)(2)(iii).
19
8 CFR §244.2(f)(2)(iv).
20
Id.
102 AILA’s Immigration Law Practice and Procedure Manual

Fee
As of this writing, the fee chart from USCIS for TPS filings is the following:

Applicant's I-821 Biometric I-765

The Applicant Is Total
Age Fee Services Fee

Younger
$50 $0 $0 $50
than 14

Submitting their first TPS

14-65 years
application and requesting $50 $85 $410 $545
old
an EAD

66 and older $50 $85 $0 $135

Younger
$50 $0 N/A $50
than 14
Submitting their first TPS
application and
are not requesting an EAD
14 and older $50 $85 N/A $135

Younger
$0 $0 $410 $410
than 14
Re-registering for TPS and
requesting an EAD

14 and older $0 $85 $410 $495

Younger
$0 $0 N/A $0
than 14
Re-registering for TPS
and not requesting an
EAD
14 and older $0 $85 N/A $85
Chapter 2: Temporary Protected Status 103

Supporting Evidence
• Identity and Nationality – an applicant must show that they are a national of a country designated
for TPS as well as evidence proving their identity. Acceptable evidence for both identity and
nationality may include:
o Passport;
o Birth certificate and photo identity document issued by a local, state, or any federal civil
authority (e.g., state identity documents, driver’s license, military identity documents, or
public educational documents, any of which must be reasonably current); 21
o If the above documents are not available, the applicant may submit an affidavit showing
proof of unsuccessful efforts to obtain identity documents explaining why the consular
process is unavailable and affirming that they are a national of the designated country; 22
o Minor children who are of school age (5 to 10 years old) may use school identity
documents, including documents with school pictures, that show the names of the students
listed. Children under 5 may use their birth certificate and additional evidence like
immigration records with the child’s name and the parent’s signature. 23
• Date of Entry and Residence – Individuals must have entered, and continuously resided in, the
United States since a date specified by the Secretary of Homeland Security for the particular
country. 24 Acceptable evidence includes:
o Employment records, such as payroll stubs, W-2 Forms, signed and dated copies of tax
returns, and employment verification letters on company letterhead with original signature
of the employer and the specific dates of employment; 25
o Financial records, such as bank statements, printed money transfer receipts, printed money
orders, utility bills, rental lease agreements, printed bills of sale, and printed auto
registration and tax documentation, company letters where the applicant received services,
deeds, mortgages, contracts, insurance policies, printed receipts, and financial letters; 26
o Medical documentation, including appointment notices, medical bills, prescriptions,
hospital records, or medical records of the applicant’s children as well as birth certificates
of children born in the United States if the applicant is the mother or father of the child; 27
o School records (including the name of the school, the name of the child and parent(s) and
periods of attendance) of the applicant or their child or children (such as report cards,
letters, enrollment paperwork, etc.) if the child attended a U.S. school; 28
o Attestations from churches, unions, and other organizations identifying the applicant by
name, stating the applicant’s address, the seal of the organization and explaining how the
attester knows the applicant. 29
• Physical Presence – Individuals must show they have been continuously physically present in the
United States since the TPS started or since the effective date of the most recent TPS redesignation.
The documentation of physical presence is generally the same as for documenting date of entry
and residence. 30

21
USCIS Policy Manual, Vol 3, Part I/AFM ch. 38.1(e)(2).
22
Id.
23
Id.
24
USCIS Policy Manual, Vol 3, Part I/AFM ch. 38.1(e)(3).
25
Id.
26
Id.
27
Id.
28
Id.
29
Id.
30
USCIS Policy Manual, Vol 3, Part I/§38.1(e)(4).
104 AILA’s Immigration Law Practice and Procedure Manual

WAIVING INADMISSIBILITY
A TPS applicant may seek a waiver of certain grounds of inadmissibility if the applicant can show that
approval of the waiver is warranted for humanitarian purposes, to assure family unity, or is otherwise in
the public interest. This waiver is completed via filing of Form I-601 along with the initial TPS application.
TPS-based waivers are only valid for TPS. If granted, the waiver will apply to subsequent TPS re-
registration applications but not to any other immigration benefit requests.
A waiver is not needed if the TPS applicant is inadmissible for any of the following reasons:
• Public charge (INA §212(a)(4));
• Labor Certifications and qualifications for certain immigrants (INA §212(a)(5));
• Aliens present without admission or parole (INA §212(a)(6)(A));
• Stowaways (INA §212(a)(6)(D));
• Student visa violators (INA §212(a)(6)(G));
• Documentation requirements for immigrants and nonimmigrants (INA §212(a)(7));
• Certain aliens previously removed (INA §212(a)(9)(A));
• Aliens unlawfully present (INA §212(a)(9)(B)); or
• Aliens unlawfully present after previous immigration violations (INA §212(a)(9)(C)).
Most other grounds of inadmissibility are waivable except for the following:
• Crime involving moral turpitude (CIMT) under INA §212(a)(2)(A)(i)(I); Exceptions are available
for:
o A purely political offense;
o If the TPS applicant committed only one CIMT, was under 18 years of age at the time, and
committed the crime (and was released from confinement) more than 5 years before the
TPS application; or
o If the TPS applicant committed only one CIMT for which the maximum possible sentence
was 1 year or less of imprisonment, and the actual sentence you received was not more
than 6 months of imprisonment.
• Controlled substance violations (INA §212(a)(2)(A)(i)(II));
• Multiple criminal convictions (INA §212(a)(2)(B)) (purely political offenses do not make an
applicant inadmissible);
• Controlled substance traffickers (INA §212(a)(2)(C));
• General security and related grounds (INA §212(a)(3)(A));
• Terrorist activities (INA §212(a)(3)(B));
• Adverse foreign policy consequences for the United States (INA §212(a)(3)(C));
• Immigrant membership in totalitarian party (INA §212(a)(3)(D)); and
• Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial
killing (INA §212(a)(3)(E)).

TRAVEL
Advance parole is permitted to allow TPS recipients to travel outside of the United States. Note that
the address where the form is filed is different depending on whether the I-131 application for advance
parole is submitted concurrently with the I-821 or afterwards. Check the form I-131 filing instructions web
page for specific addresses. 31

31
USCIS, Direct Filing Addresses for Form I-131, Application for Travel Document, https://www.uscis.gov/i-131-addresses.
Chapter 2: Temporary Protected Status 105

Individuals who travel on advance parole and return in a timely manner are generally admitted in the
same status they had when they departed. 32 USCIS’ current (and controversial) policy is that reentry on
advance parole does not satisfy the “inspected and admitted or paroled” eligibility requirement for
obtaining adjustment of status to lawful permanent residence. USCIS bars adjustment of status based on
the policy memorandum only for those who departed and returned after August 20, 2020. This differs from
the longstanding policy before the AAO decision in Matter of Z–R–Z–C, which allowed individuals who
traveled into the United States on advance parole based on their TPS to adjust status to that of lawful
permanent resident based on the view that traveling with advance parole satisfied the “inspected and
admitted” for parole requirement under INA §245(a). 33
Note that the new memorandum only impacts TPS recipients who entered the United States without
inspection. It also does not apply to individuals filing adjustment applications in the Sixth, Eighth, or Ninth
Circuits because those courts have held that entry on advance parole constitutes inspection, admission, or
parole for §245(a) purposes. 34 Also, TPS recipients who were paroled into the United States on any basis
other than INA §244(f)(3)—the TPS travel provision—would meet §245(a)’s requirements. 35

TPS TERMINATION
When TPS status terminates, the TPS holder reverts back to the immigration status they held at the
time TPS was granted or to a new nonimmigrant status that’s been approved for the individual, or they are
considered out of status if the earlier status has expired and no new status has been approved. 36 Individuals
who have no status after TPS status is terminated are subject to removal.

OTHER DESIGNATIONS
On rare occasions, a President can designate countries for Deferred Enforced Departure (DED) or
Extended Voluntary Departure (EVD). DED comes from the President’s foreign policy power and not a
specific section of the INA. Liberia was the only country in this program, and that designation expired on
January 10, 2021. 37 EVD was the program that preceded TPS before TPS was created in the 1990 Act.
That program has been eliminated.

32
USCIS News Release, USCIS Adopts AAO Decision on TPS and Authorized Travel (Aug. 31, 2020),
https://www.uscis.gov/news/news-releases/uscis-adopts-aao-decision-on-tps-and-authorized-travel, announcing 2020 USCIS
policy memorandum adopting AAO Decision Matter of Z–R–Z–C, AILA Doc. No. 20083135. Exceptions are made based on
certain criminal or national security grounds and with those with immigrant or nonimmigrant visas they present for admission to
the United States.
33
Id.
34
See Velasquez v. Barr, Nos. 19-1148, 19-2130, -- F.3d --, 2020 U.S. App. LEXIS 33754 (8th Cir. 2020); Ramirez v. Brown,
852 F.3d 954 (9th Cir. 2017); and Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013).
35
American Immigration Council Practice Advisory, Adjustment of Status for TPS Holders after Matter of Z–R–Z–C (Nov. 2,
2020), https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/adjustment_of_status_for_tps_hold
ers_after_matter_of_z-r-z-c-.pdf.
36
8 USC §1254a(f).
37
Liberians in the program were eligible to apply for permanent residency under §7611 of the National Defense Authorization
Act of 2020 also known as Liberian Refugee Immigration Fairness (LRIF). Applicants for LRIF had until December 20, 2020,
to file but the deadline was extended until December 20, 2020, based on passage of the Consolidated Appropriations Act passed
in December 2020.