Many people ask about TPS status when they first hear the term. TPS stands for Temporary Protected Status. It is a form of humanitarian relief that lets people from certain countries live and work legally in the United States. To apply, you need to file Form I-821, also called the TPS application, with U.S. Citizenship and Immigration Services (USCIS).
Jorge Munoz Law Firm helps immigrants understand TPS, prepare their TPS form, and file their I-821 the right way.
TPS stands for Temporary Protected Status. It is temporary immigration relief for people from countries experiencing dangerous conditions.
TPS was established by Congress as part of the Immigration Act of 1990 as a way to provide temporary immigration relief to foreign nationals from countries experiencing dangerous conditions due to disasters, armed conflicts, or other extraordinary conditions.
The Secretary of the Department of Homeland Security (DHS) is allowed to designate countries for TPS if their conditions make it unsafe for their foreign nationals to return to them safely.
For TPS eligibility, you must either be a citizen of a TPS-designated country or have no nationality but lived in a country with TPS designation just before coming to the United States. In addition to the nationality requirement, to file Form I-821, you must also meet other requirements, including:
TPS is a legal, documented status. It can be granted by the Board of Immigration Appeals (BIA) at the Department of Justice (DOJ), an immigration judge, or U.S. Citizenship and Immigration Services (USCIS). USCIS handles most TPS applications and grants TPS to migrants from eligible countries if they are already in the United States.
Once USCIS approves your TPS form, you should know that:
If you already have TPS, you must re-register during the open renewal window for your country. Missing that window can put your status at risk. The current administration has moved to end TPS for several countries, and some of those decisions are being challenged in court. For the latest updates, visit U.S. Citizenship and Immigration Services.
TPS does not directly lead to a green card. It doesn’t prevent you from seeking a green card, though, either. Even though there is no direct path from TPS to a green card, this status won’t stand in your way of becoming a Lawful Permanent Resident (LPR) using a less direct path.
To go from TPS to a green card holder, you would need to go through the normal channels of obtaining a green card from within the United States.
Since you are already in the United States, no matter how you start your green card process, it will be completed with the Adjustment of Status.
Two common TPS to green card pathways include:
One starting point for a green card is being named as the beneficiary on an immigrant visa petition. This begins with a U.S. sponsor.
The potential sponsors for your petition for an immigrant visa include:
A common way to go from TPS to a green card holder is through asylum status. Your TPS application does not prevent you from seeking asylum if you qualify.
You may qualify for asylum if you have a sincere fear of being persecuted based on any of the following:
Asylees are eligible to apply for a green card through Adjustment of Status if they have lived in the United States on asylum status for at least one year. Your immigration attorney will help you file Form I-485.
If you are filing a new TPS application or need help renewing your TPS form, Jorge Munoz Law Firm is here to help you understand your options and move forward with confidence.
Schedule a Consultation About Form I-821
Errors on your I-821 can cause delays or denials. Contact Jorge Munoz Law Firm today to schedule a consultation and get the right help with your TPS application.
(786) 678-8587
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