Visa Options for Temporary Protected Status (TPS) Holders – USCIS Guide (2024)

1. How long is the TPS designation period?

The TPS designation period is typically 18 months, but can be extended or terminated depending on the conditions in the country of origin.

2. What are the eligibility requirements for TPS holders?

In order to be eligible for TPS, individuals must meet certain criteria, including:

1. Being a national of a designated country or having no nationality but last habitually resided in the designated country;

2. Having been continuously physically present in the United States since the effective date of the most recent TPS designation;

3. Being admissible to the United States or being eligible for a waiver; and

4. Having registered and been granted TPS during the designated registration period.

3. What documents are required to apply for TPS?

In order to apply for Temporary Protected Status (TPS), individuals must submit Form I-821, Application for Temporary Protected Status, along with supporting documentation including proof of identity, proof of nationality, and any other documents required by the USCIS at the time of filing. Additionally, applicants must submit Form I-765, Application for Employment Authorization, and the associated filing fee.

4. What is the application process for TPS?

The application process for TPS includes submitting an application to U.S. Citizenship and Immigration Services (USCIS) along with the required fees, documentation, and any other evidence necessary. Applicants must also have their fingerprints taken and provide two passport-style photographs. A background check will be conducted to ensure that the applicant does not have a criminal history. The applicant must also attend an in-person interview with USCIS to discuss their eligibility.

5. What are the benefits of obtaining TPS?

The benefits of obtaining Temporary Protected Status (TPS) include:

1. The ability to remain in the United States and work legally
2. Protection from deportation and removal from the country
3. Eligibility to receive a work authorization that allows you to obtain a Social Security number
4. Access to certain public benefits, such as Social Security and Medicare
5. Access to certain federal programs, such as financial aid for college
6. The possibility of obtaining a green card or permanent residency depending on your specific situation

6. What is the procedure for renewing TPS status?

To renew your TPS status, you must file Form I-821 (Application for Temporary Protected Status) during the designated re-registration period. You will need to provide proof of your identity and nationality, as well as evidence that you have continuously resided in the United States since your last TPS registration. You will also need to submit payment of the applicable filing fees. After submitting your application, you may be asked to attend an in-person interview to verify your application information. If approved, you will receive an Employment Authorization Document (EAD).

7. What are the travel restrictions for TPS holders?

TPS holders are generally allowed to travel abroad if they meet certain requirements. These include: (1) having a valid TPS designation; (2) having a valid unexpired Employment Authorization Document (EAD); (3) carrying a Re-Entry Permit; and (4) obtaining advance parole prior to travel. Without these documents, TPS holders may not be allowed to return to the United States.

8. Are there any employment restrictions for TPS holders?

Yes, TPS holders are generally not allowed to work in the United States if they do not have authorization from the U.S. government. That authorization must be granted before a TPS holder can legally accept employment in the U.S. The only exception is for those who are granted a work permit or advanced parole while they are in TPS status.

9. How does being a TPS holder affect my ability to gain permanent residency?

Being a TPS holder does not directly affect your ability to apply for permanent residency. However, if your TPS status is granted through an application for asylum, it could be beneficial if you choose to apply for permanent residency. If you have a successful asylum application, the period of TPS could mean that you would have accrued the required amount of physical presence in the United States to be eligible for permanent residency through asylum.

10. Am I eligible to apply for a green card while on TPS status?

Yes, you may be eligible to apply for a green card while on TPS status. However, you must still meet all of the eligibility requirements for a green card, and you must also have a valid TPS status at the time of filing your application.

11. How does being a TPS holder affect my ability to gain U.S. citizenship?

Being a Temporary Protected Status (TPS) holder does not directly affect your ability to gain U.S. citizenship. However, if you meet the eligibility requirements, you may apply for a green card while under TPS and subsequently be eligible to apply for U.S. citizenship after spending the required amount of time as a permanent resident.

12. Are there any additional costs associated with receiving TPS protection?

Yes, there may be additional costs associated with receiving TPS protection, depending on the individual’s situation. For example, individuals with TPS may be required to pay a fee for a work permit, medical insurance, and/or travel documents. Additionally, if the individual wishes to remain in the U.S. beyond the TPS period, they may need to apply for other forms of relief or protection to remain lawfully in the country.

13. Does a TPS holder need a special visa in order to travel abroad?

Yes, a TPS holder may need to apply for a travel document (Form I-131) in order to travel abroad. The travel document allows a TPS holder to re-enter the United States after travelling abroad.

14. Will I be allowed to work in the U.S. after my TPS status expires?

No. Once your TPS status expires, you will no longer be able to remain in the U.S. legally and must leave the country before the expiration date. You may also be ineligible to apply for other forms of immigration relief or benefits. Additionally, any work authorization you receive as part of your TPS status will expire upon the termination of your TPS status.

15. Is there any assistance available to help with the cost of renewing my TPS status?

Yes, some organizations, such as the Immigrant Legal Resource Center, offer grants to help with the cost of renewing TPS status. Additionally, individuals may be able to receive assistance through other organizations or through government programs. It’s important to research the available options and apply for any assistance that may be available.

16. Are there any restrictions on the types of jobs I can take while on TPS?

TPS holders are not restricted from taking any type of job, so long as the job is legal and the employer does not discriminate based on the person’s immigration status. However, it is important for TPS holders to remember that they must have current authorization to work in the U.S., which can usually be obtained from United States Citizenship and Immigration Services (USCIS).

17. Are there any educational opportunities available to me as a TPS holder?

Yes, as a TPS holder, you may be eligible for certain education benefits, including in-state tuition rates, scholarships, and career counseling. Additionally, some states may offer programs that provide financial aid for undocumented students. You should contact your state or local education office for more information.

18. Can I bring my family members along when I apply for TPS?

Yes, you can bring family members along when you apply for TPS. However, each family member must submit a separate application.

19. Can I apply for other visa options if my TPS status is denied or expires?

Yes, you can apply for other visa options depending on your country of origin and other factors. For example, you may be eligible for an immigrant visa, an employment-based visa, or a family-based visa. Additionally, you may be eligible for asylum or withholding of removal if you have a fear of persecution or torture in your home country. However, you must apply for these other visas before your TPS status expires.

20. Can I request an extension of my TPS status if it is about to expire?

Yes, you can request an extension of your TPS status if it is about to expire. However, you must file your request during the designated re-registration period for your particular country. As part of the re-registration process, USCIS will review any changes in your circ*mstances since you first registered for TPS and may require additional information from you.

Visa Options for Temporary Protected Status (TPS) Holders – USCIS Guide (2024)

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