Immigration is a very complex area of law. Use Get Legal Help to find a lawyer near you.

The Immigration Advocates Network provides a list of Illinois nonprofit organizations that can help in TPS cases. 

What is TPS?

Temporary Protected Status (TPS) allows people from certain countries to live and work in the United States. 

The Secretary of Homeland Security may designate a foreign country for TPS due to:

• Ongoing civil war or conflict in the country,
• An environmental disaster or an epidemic, or 
• Other extraordinary or temporary conditions.

Eligible individuals without nationality who last resided in the designated country may be able to receive TPS.

Learn more about Temporary Protected Status on the US Citizenship and Immigration Services (USCIS) website.

Who can receive TPS?

To qualify for TPS, you must:

• Be from a foreign country with a TPS designation, and
• Be continuously physically present and residing in the US from the date the designation went into effect.

Who is not eligible to receive TPS?

You may not be eligible for TPS or maintain your existing TPS if:

• You have been convicted of a felony in the US,
• You have been convicted of two or more misdemeanors in the US, 
• You meet any of the mandatory asylum bars, or
• You fail to meet the requirements for TPS.

The pros of TPS

If you receive TPS:

• You cannot be detained by the Department of Homeland Security,
• You cannot be deported from the US,
• You can apply for a work permit,
• You can apply to get permission to travel outside the US and return to the US, and
• You can apply for asylum and other immigration benefits.

The cons of TPS

Cons of TPS include that it:

• Is a temporary benefit that doesn’t lead to lawful permanent residence or citizenship,
• Only applies to people already in the US, and
• Cannot be used to apply for entry to the US.

Countries designated for TPS

As of September 2022, these countries have been designated for TPS:

• Afghanistan, 
• Burma (Myanmar),
• Cameroon,
• El Salvador, 
• Haiti,
• Honduras,
• Nepal,
• Nicaragua,
• Somalia,
• Sudan,
• South Sudan,
• Sudan, 
• Syria, 
• Ukraine, 
• Venezuela, and
• Yemen. 

Read the Countries Currently Designated for TPS section on the USCIS website for more information.

On September 20, 2023, the U.S. extended Venezuela's 2021 TPS and introduced a new 18-month TPS designation for Venezuela. Learn more about the recent Venezuela TPS updates and their implications.

How can I apply for TPS?

TPS form

To apply for TPS or re-register, submit Form I-821, Application for Temporary Protected Status I-821 to USCIS. There are instructions on how to apply on the USCIS website. 

You can also request an employment authorization document (EAD) at the same time. Use Form 1-765, Request for Employment Authorization. You can also file this later. 

Evidence

Along with your application, you must also submit evidence proving:

• Your identity and nationality,
• The date you entered the US,
• Residence in the US, and
• Court disposition record (if you were arrested, charged, or convicted).

Fees

There is a fee to file. The fee is based on factors such as your age.

If you are applying for the first time, the fee to file Form I-821 is $50. 

If you have TPS and are reregistering, there is no fee for the form. 

If you also apply for employment authorization, the fee is $410 for Form I-765. 

If you are under 14 or over 65, you don’t have to pay for the EAD when you file a TPS application. 

If you are 14 or older, there is a $85 biometric services fee. 

Learn more about the filing fees on the USCIS website. You may also use their fee calculator to figure out your fee. 

If you have questions, call USCIS at (800)375-5283. For TTY, call (800)767-1833.

Fee Waiver

If you can’t pay for the filing fees or biometric services fees, submit a fee waiver request using Form I-912, Application for Fee Waiver.

File the fee waiver request with your application. You can use one form for both the filing and biometric service fee. 

If USCIS approves your request, both fees will be waived.

If you are requesting a fee waiver, you have to file paper versions of the application and fee waiver request.

You can file one Form I-912 for all family member’s applications. All the forms must be sent together.

To receive a fee waiver, you must prove that:

• You are receiving a public benefit based on your income (such as Medicaid, SNAP, TANF, or SSI),
• Your household income is at or below 150% of the federal poverty guidelines, or 
• You are experiencing financial hardship. 

If your fee waiver is denied, you can refile and pay the fees. You must pay the fees either before the registration deadline or within 45 days of the date on your fee waiver denial letter, whichever is later. 

Learn more about filing a fee waiver. 

You can call USCIS at (800)375-5283 to request a paper form. For TTY, call (800)767-1833.

What happens after I apply?

If you are approved

If USCIS approves your TPS application, they will send you an approval notice with an
I-94, Arrival/Departure Record. This is evidence of your TPS. 

If you applied for employment authorization, you will receive an Employment Authorization Document (EAD).

If you are denied

IF USCIS denies your application, you will receive a denial letter. 

If you are eligible, the letter will state that you have 30 days to appeal to the USCIS Administrative Appeals Office (AAO). 
 

What happens when my TPS expires?

You must re-register for TPS yearly to maintain your benefits. The steps for renewing are the same as applying. However there is no fee for your I-821 application when renewing.