If one of the waivable grounds of inadmissibility applies to you, USCIS will give you an opportunity to submit a Form I-601, Application for Waiver of Grounds of Inadmissibility if you did not include this with your TPS package. Please submit this form within the time frame specified in the USCIS notice, or your case will be denied. Step 7: USCIS Approves or Denies the Application If your application for TPS is… Then… Approved and you filed an initial application USCIS will send you an approval notice and an EAD, if you requested one and haven’t received it before this step. Approved and you filed a re-registration application USCIS will send you an approval notice if you do not request an EAD.
There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married. You may file during an extension of your TPS designated country. Please check your country-specific web page for the dates of the initial registration period or periods that apply for late initial filing.
Below is information about what you must include in your TPS package. Please also check your country’s specific TPS page to the left to see if there are any special filing instructions specific to your TPS-designated country. Forms To register or re-register for TPS you must file Form I-821, Application for Temporary Protected Status. Eligible nationals of certain countries, or individuals without nationality who last habitually resided in those countries, can now file Form I-821 online. All applicants eligible to file for TPS under one of the current designations may file Form I-821 online.
Temporary Protected StatusThe Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
Continuous Residence (CR) Evidence Employment records; Rent receipts, utility bills, receipts or letters from companies; School records from the schools that you or your children have attended in the U. S. ; Hospital or medical records concerning treatment or hospitalization of you or your children; or Attestations by church, union or other organization officials who know you and where you have been residing. Please see Form I-821 instructions for more details on acceptable evidence. Fees There is a fee for Form I-821 if you are registering for TPS for the first time. There is no fee for Form I-821 if you are re-registering for TPS.
PLEASE NOTE: You cannot obtain TPS as a derivative because your parent or child has TPS. If you have TPS and wish to travel outside the United States, you must apply for travel authorization. If we approve your request, we will issue you a Form I-512T, Authorization for Travel by a Noncitizen to the United States, to serve as evidence of DHS’s prior consent to your travel outside the United States.
Re-Registering for TPS and seeking an EAD You will receive your new EAD when your entire TPS package is adjudicated. USCIS makes every effort to avoid backlogs at this step, but we urge you to remember that USCIS may experience a higher volume of applications in the first few months of a registration period. Step 6: USCIS Adjudicates the Application During this phase, we may ask you for additional documents to establish your eligibility for TPS. If you receive a request for evidence (RFE) or a notice of intent to deny, it is extremely important that you respond immediately to avoid processing delays and possible denial for failure to timely respond. Upon completion of your case, USCIS will notify you if your request for TPS is granted or denied.
USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest. These forms are free and available on the forms section of the USCIS website at: www. uscis. gov/forms. Evidence When filing an initial TPS application, you must submit: Identity and Nationality Evidence: to demonstrate your identity and that you are a national of a country designated for TPS (or that you have no nationality and you last habitually resided in a country designated for TPS).
Follow the instructions above to apply for re-registration. Sometimes DHS must issue a blanket automatic extension of the expiring EADs for TPS beneficiaries of a specific country in order to allow time for EADs with new validity dates to be issued. If your country’s EADs have been automatically extended, it will be indicated on your country specific pages to the left. Late Re-Registration for TPS USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.
If you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization. Late Initial Filing for TPS You can apply for TPS for the first time during an extension of your country’s TPS designation period. If you qualify to file your initial TPS application late, you must still independently meet all the TPS eligibility requirements listed in the Eligibility section above.
Please see the travel section below for more information. Step 5: USCIS Determines Work Eligibility If you are not seeking an employment authorization document (EAD), skip to Step 6. If you are... Then... Applying for TPS for the first time and seeking an EAD USCIS will review your case to determine whether you are eligible to work before we make a final decision on your TPS application. If you are found to be eligible upon initial review of your TPS application (prima facie eligible) you will receive an EAD. Note: If your application is denied and you choose to appeal to the USCIS Administrative Appeals Office (AAO) or request review of your application by an immigration judge, your EAD will be extended while you are waiting for a decision. If your EAD expires, to request an extension of your EAD, you must file a Form I-765 along with evidence of your appeal to the AAO or that you have requested an immigration judge to review your TPS application.
These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity; Fail to meet the continuous physical presence and continuous residence in the United States requirements; Fail to meet initial or late initial TPS registration requirements; or If granted TPS, you fail to re-register for TPS, as required, without good cause. You must include the necessary forms, evidence, fees, or fee waiver request when filing your TPS application.
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To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below: During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition You were a nonimmigrant, were granted voluntary departure status, or any relief from removal You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal You were a parolee or had a pending request for re-parole You are a spouse of an individual who is currently eligible for TPS OR During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS.
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The Secretary may designate a country for TPS due to the following temporary conditions in the country: Ongoing armed conflict (such as civil war) An environmental disaster (such as earthquake or hurricane), or an epidemic Other extraordinary and temporary conditions During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible): Are not removable from the United States Can obtain an employment authorization document (EAD) May be granted travel authorization Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.
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