When certain emergencies arise in another country , the U.S. Department of Homeland Security can designate that country's citizens, if they are already present in United States, as eligible for "Temporary Protected Status" (TPS).
TPS is a temporary designation that allows its beneficiaries to live and work in the U.S. and travel in and out of the U.S. for the duration of the emergency without fear of being placed into removal proceedings. This is true whether you entered illegally or overstayed a visa or other permitted form of entry.
The U.S. usually authorizes TPS in situations of upheaval due to natural disasters (such as hurricanes or earthquakes), an outbreak of disease, or armed conflicts that have made it unsafe to return.
To see whether your country is on the list of TPS designees, as well as the valid registration periods, you can visit the Temporary Protected Status page of the United States Citizenship and Immigration Services (USCIS) website. As of mid-2024, the following nations are designated for TPS:
It is not enough to merely be a citizen of a designated nation to be eligible for TPS. You must submit an application to USCIS within the advertised initial or late registration periods and meet a number of other eligibility requirements:
Each member of a family, such as spouse or children, will need to meet these criteria individually and submit their own I-821 application. In legalese, this means there are no "derivatives" allowed when someone obtains TPS status.
If your native country has been designated a TPS nation because of violent conflict or political turmoil, you might have a basis upon which to apply for asylum. So if you have been persecuted or have a credible fear of persecution based on your race, religion, nationality, membership in a particular social group or political opinion, applying for asylum might, in the long-term, be a better option than applying for TPS.
However, if you need to work immediately, you should first apply for TPS, as you likely won't be able to get a work permit for a long time after submitting your asylum application. For more on applying for asylum, see Asylum & Refugee Status.
The TPS application process involves filling out Form I-821 and submitting it to USCIS along with Form I-765 and associated fees if you are interested in employment authorization. A filing fee is required for the initial application and I-765 in most cases. Also see Filling Out Form I-765, Application for Employment Authorization; your filing category would be (a)(12).
It's possible to submit a TPS application even if you are already in deportation (removal) proceedings. The immigration judge has the power to hear the evidence and make a decision on your request.
It is also possible to ask USCIS to waive the filing fees if you can't afford them. You would need to complete USCIS Form I-912, Request for Fee Waiver, and include it with the rest of your TPS application; and submit your application by mail (not online).
You are not required to hire an attorney to help you with a TPS application, and many people successfully apply without one. Nevertheless, if you can afford the attorney fees, having a professional assess your eligibility and prepare your application can greatly improve your chances of success. Check with local community organizations, which might be able to line you up with free or low-cost legal help.