To begin with, certain people are not eligible for Temporary Protected Status (TPS).
These are people who:
- Have been convicted of any felony or two or more misdemeanors committed in the United States;
- Are a person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion, or is otherwise subject to one of the bars to asylum; or
- Are subject to one of several criminal-related or terrorism-related grounds of inadmissibility for which a waiver is not available.
If you are one of these classes of people you are statutorily ineligible to apply for TPS.
To be eligible for TPS you have to not be barred by any of the above and from one of twelve qualifying countries. The twelve qualifying countries for TPS are El Salvador, Haiti, Syria, Honduras, Myanmar, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Venezuela, and Yemen.
To apply for TPS you have to fill out a form I-821. You can get an I-821 form here.
Remember that the form allows typing, so type your answers on the form and then print the form. Do not print the form and then write your answers.
People who are given TPS are authorized to work in the United States while they are on TPS, but TPS by itself does not provide a pathway Legal Permanent Resident status (a green card), nor does it provide a pathway to citizenship.
TPS is provided for between six and 18 months but is extended if that extension is warranted by country conditions. Many people have lived and worked and lived in the United States for longer than ten years under TPS.
Applying for TPS, like applying for any form of immigration relief is not easy. If you have questions you may contact me by clicking the contact link above in the header.
Temporary Protected Status Overview
