Trusted Legal Help for Temporary Protected Status (TPS) Applications
If you are from a country affected by armed conflict, natural disaster, or other extraordinary conditions, you may qualify for Temporary Protected Status (TPS) in the United States. A trusted immigration lawyer at Martinez Immigration can guide you through the application process, ensuring accuracy, efficiency, and legal compliance.
Who may need an immigration attorney for TPS?
An immigration lawyer can assist with:
- Filing a TPS application (Form I-821)
- Ensuring eligibility based on nationality and residence
- Preparing supporting documentation for proof of identity and residence
- Handling requests for evidence (RFEs) and denied applications
- Applying for work authorization and travel permits under TPS
- Advising on adjustment of status or other immigration options after TPS approval
Not sure if you’re eligible?
An immigration lawyer can review your case and provide expert legal guidance.
Eligibility for Temporary Protected Status (TPS)
To qualify for TPS, you must meet the following criteria:
- You are a national of a country currently designated for TPS by the U.S. government.
- You have continuously resided in the U.S. since the TPS designation date for your country.
- You have been physically present in the U.S. since the TPS designation date.
- You file your application during the open initial registration or re-registration period.
- You do not have a criminal record or immigration violations that make you inadmissible.
How to Apply for a TPS Process
File Form I-821
Complete the Application for Temporary Protected Status with supporting documents.
File Form I-765
Submit an Application for Employment Authorization (optional).
Provide Biometrics
Attend a biometrics appointment for fingerprinting and background checks.
Receive USCIS Decision
USCIS will notify you if TPS is granted.
Re-Register as Needed
TPS is typically granted for 6 to 18 months, and you must re-register during the re-registration period.
Mistakes or missing documentation can lead to delays or denial. An immigration lawyer can help ensure all forms and evidence are properly prepared.
Required Documentation
Proof of Identity and Nationality
Passport, birth certificate, or national ID from your designated country.
Proof of Entry into the U.S.
I-94 arrival record, visa stamp, or entry documentation.
Proof of Continuous Residence
Lease agreements, utility bills, employment records, or other evidence showing you have lived in the U.S. since the TPS designation date.
Proof of Good Moral Character
Criminal background checks or affidavits from community members.
Affidavits
If documentation is incomplete, affidavits from family or community members may be accepted.
Common TPS Challenges & Legal Solutions
Challenges
Solutions
Missed Registration Deadline
If you miss the initial registration or re-registration period, your TPS application may be denied.
An immigration lawyer can help file a late registration with a valid explanation or explore other legal options.
Criminal Record or Prior Violations
Certain criminal offenses can make you ineligible for TPS.
A waiver may be available for some offenses. An immigration lawyer can assess your case and recommend the best course of action.
Insufficient Proof of Continuous Residence
USCIS may deny your application if you cannot show that you have lived in the U.S. continuously since the TPS designation date.
An immigration lawyer can help gather alternative forms of evidence or affidavits to support your case.
Loss of TPS Designation
If your country loses its TPS designation, you may lose status.
An immigration lawyer can help explore options for adjustment of status or other forms of legal relief.
Additional Resources
Frequently Asked Questions
Can I travel outside the U.S. with TPS?
Yes, but you must apply for advance parole (Form I-131) before leaving the U.S.
Can I apply for a Green Card while on TPS?
Yes, in certain cases. If you have an approved immigrant petition, you may be able to adjust your status.
Can I work while my TPS application is pending?
Yes, if you filed Form I-765 for work authorization along with your TPS application.
What happens if my TPS designation is terminated?
You may need to leave the U.S. or apply for another form of relief. An immigration lawyer can help explore options.
Can I apply for TPS if I entered the U.S. without a visa?
Yes, but you must meet all other TPS requirements.
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Get Legal Help from an Immigration Lawyer
Need expert legal help with your Temporary Protected Status application? A trusted immigration lawyer at Martinez Immigration will guide you through the entire TPS process.