The Peng Law
TPS Temporary Protected Status
Temporary Protected Status (TPS) is a temporary protection the U.S. provides to foreign nationals who cannot safely return to their home countries due to armed conflict, natural disasters, or other…
Temporary Protected Status (TPS) is a temporary protection the U.S. provides to foreign nationals who cannot safely return to their home countries due to armed conflict, natural disasters, or other extraordinary conditions. TPS is designated by the Secretary of Homeland Security for specific countries, and nationals of those countries who are in the U.S. during the designation period may register for TPS to obtain lawful stay and work authorization. TPS is not a visa and does not automatically lead to a green card, but holders are protected from deportation during the protection period. Currently designated TPS countries include El Salvador, Honduras, Haiti, Nicaragua, Venezuela, Ukraine, Myanmar, Somalia, Yemen, Syria, and approximately 16 countries total. Each designation has its own expiration date and must be periodically redesignated.
Must be a national of a designated TPS country (or a stateless person who last habitually resided in that country)
Must have been continuously physically present in the U.S. since the designated date (specific date varies by country)
Must file the application with USCIS during the designated registration period
Must not have been convicted of a felony or two or more misdemeanors (Good Moral Character requirement)
Must not fall under TPS bars (e.g., terrorism-related activities, persecution of others)
Must re-register during each TPS extension period
Confirm Designated Country and Dates
Check the USCIS website to confirm your nationality is on the TPS designated country list, along with registration deadlines and continuous presence dates.
Submit TPS Application
During the registration period, file Form I-821 (TPS application) and Form I-765 (EAD application) with USCIS. Initial registration fee is $50 + I-765 fee $520.
Biometrics Appointment
Attend the designated ASC for fingerprints and photographs as instructed.
Await Adjudication
USCIS reviews the application, verifying eligibility and conducting background checks. Lawful stay is maintained during processing.
Receive TPS and EAD
Upon approval, receive TPS approval notice and EAD card. EAD validity matches the TPS designation period.
Re-register Periodically
Each time TPS is extended (typically every 12-18 months), re-registration within the designated period is required. Failure to re-register will terminate TPS status.
| Stage | Duration |
|---|---|
| Initial Registration | During designated registration period (typically 60–180 day window) |
| TPS Adjudication | 3–12 months |
| EAD Approval | 3–6 months |
| TPS Designation Period | 6–18 months (renewable) |
| Re-registration Window | Within 60 days of extension announcement |
TPS does not directly convert to a green card. However, TPS holders may pursue green cards through other pathways: (1) family-based sponsorship by a U.S. citizen or green card holder (I-130); (2) employment-based immigration through employer sponsorship (PERM/I-140); (3) self-petition if eligible for EB-1A or NIW. A key issue is the "lawful admission" requirement — TPS holders who originally entered the U.S. unlawfully typically cannot adjust status through I-485 and must use consular processing. However, if the TPS holder traveled internationally using TPS-based Advance Parole, the subsequent reentry may be treated as a "lawful admission," potentially satisfying the I-485 requirement.
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I-765 Employment Authorization Document (EAD)
Form I-765 is used to apply for an Employment Authorization Document (EAD, commonly known as a "work permit"), which allows the holder to legally work for any employer in the United States.
I-131 Travel Document / Advance Parole
Form I-131 (Application for Travel Document) is used to apply for various U.S. travel documents.
I-485 Adjustment of Status
I-485 Adjustment of Status (AOS) is the legal process under U.S. immigration law that allows a foreign national physically present in the United States to change from nonimmigrant to…
Asylum
Asylum is a form of protection the United States offers to individuals who have fled persecution in their home countries.
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Reviewed March 2026. This page is general information, not legal advice; rely on written attorney guidance for your own matter.