Understanding Temporary Status Protection: Your Complete TPS Guide

Introduction

Thousands of people in this country have been forced to flee for their lives from war, persecution, a natural disaster or other catastrophic event in their country of origin. They have come to the U.S. seeking refuge. For many of them, Temporary Protected Status (TPS) has meant the difference between being deported and being able to rebuild their lives.

This guide will outline who is eligible for TPS and walk the reader through the process for applying for TPS, for a re-designation of TPS and how TPS might apply to any given individual.

The uncertain future of TPS following the changes to designation for Haiti and for El Salvador as well as the currently pending litigation seeking to declare unconstitutional and thus ended the twenty years of existence of TPS as it had previously functioned, only underscores the need for this information to protect yourself and your loved ones.

Define Temporary Protected Status (TPS)

Temporary Status Protection or TPS is a temporary protection granted to individuals temporarily living in the United States due to a natural disaster or conflict in their home country. These individuals may have fled their homes temporarily and hope to return one day. While temporary status protection does not automatically qualify the holder for legal permanent resident status, here in the US, while other applications for protection are pending or if the holder’s return to their home country would place them in danger of persecution, they will receive a reprieve from deportation and be allowed time to seek other protection while they are here temporarily working to support themselves and their families in hopes of building a better life for themselves.

There are currently 11 countries that are designated for Temporary Status Protection, or TPS. For the past year or so, three countries have received a grant of TPS and are therefore currently eligible for temporary status protection. These three countries are:

1. Haiti
2. Syria
3. Ukraine

Temporary Status Protection for Haiti was allowed to expire on February 3, 2018, after being continuously granted for almost 20 years. Although Temporary Status Protection for Haiti expired, it was re-designated for 18 months, until February 3, 2019. Although Temporary Status Protection for Haiti was allowed to expire once again, it has again been re-designated for an additional 18 months, until it expires on July 17, 2023. Similar to Haiti, after almost 9 years of continuously granted Temporary Status Protection, the grant of Temporary Status Protection for Syria expired on July 17, 2017, and was subsequently re-designated on September 30, 2017, for a period of almost 9 years, until it will expire on July 17, 2026. There are over 6,132 Syrians with Temporary Status Protection who currently reside in the United States. Temporary Status Protection for the country of Ukraine was most recently granted on February 3, 2023, for a period of 18 months, until August 1, 2024. Currently, there are over 98,000 Ukrainians with Temporary Status Protection residing in the US.

People with Temporary Status Protection live every day with the fear of being deported to a country where their lives would be in all probability endangered. We highlight below several cases of individuals with Temporary Status Protection who recently had their lives drastically changed by circumstances. There are over 3.2 million cases pending in the U.S. immigration court system. Many of the TPS holders have pending applications for Asylum protection. In those instances, while the individuals with Temporary Status Protection are not immediately deportable, they are facing long delays for a resolution of their Temporary Status Protection case. Recently, the U.S. Supreme Court ruled in the cases of 2 individuals with Temporary Status Protection from El Salvador and Sudan who are being detained while their cases are being processed. The Supreme Court’s ruling did not determine that these 2 men could not be deported from the U.S. Instead, their deportation to 2 countries the State Department considers to be “unsafe” for travel by U.S. citizens poses a serious threat to their Temporary Status Protection. According to the director of the Immigrants’ Rights Clinic at Columbia Law School, Elora Mukherjee, “El Salvador and Sudan are among the countries the State Department considers to be ‘unsafe’ for travel by U.S. citizens. Meanwhile, there are an estimated 98,000 Syrians with Temporary Status Protection in the U.S. - as well as over 6,132 Haitians - and Ukrainians who are contributing to the country’s economy in very meaningful ways. Temporary Status Protection holders are contributing an estimated $29 billion annually to the U.S. economy, and paying some $7.8 billion in taxes each year. When Congress passes a law, it is not simply granting or creating a class of people with a new status. It is also seeking to have an impact on the lives of hard working individuals and their families in their communities and the wider economy, and it is preserving their livelihoods. Protecting TPS holders is very important, and that is precisely what we are seeking to do.

Identify Eligibility Requirements for TPS

While trying to figure out and ensure your safety and well-being, temporary status protection can be very complicated and overwhelming for many individuals and families needing protection. We here at Vasquez Law seek to provide the necessary steps in order to apply for TPS and determine whether or not it will be right for you and your family. Below are the 5 qualifications applicants must meet for temporary status protection.

1. Nationality: The Temporary Status Protection applicant must be a national of the country designated for Temporary Status Protection or a person without any nationality and last habitually resided in the designated country for Temporary Status Protection.
2. Continuous Physical Presence: Applicant must have been continuously present in the United States since the initial TPS designation for his/her country.
3. You Must Register / Apply for TPS Protection within the Correct Time Frame for your Country of Nationality: Although TPS protection can be granted to applicants of countries designated for TPS, all applicants must register or apply for TPS protection within the given time frame for the country from which they last habitually resided.
4. No Serious Criminal Activity: People who have been convicted for serious or dangerous criminal activity in the past (determined by USCIS criteria) are not eligible for TPS protection.
5. Are You a Threat to National Security or Public Safety? In applying for TPS, you must be of good moral character and prove that you do not pose a threat to the national security and safety of the United States or of any other country and area in which Temporary Status Protection is provided. This criterion for eligibility of applicant for TPS is equally applicable to applicants in Deportation Proceedings.

There are many reasons why applying for TPS can be so difficult, even when the country where an individual and/or their family members are from is very unsafe. It can be hard for individuals and families in need of protection to go through the process of applying for Temporary Status Protection. There are also very specific criteria that must be met in order for an individual or individuals to be considered for temporary status protection. Lately, there have been many court cases that challenge the merits of the TPS program and the uncertainty of these cases has created a lot of fear in almost 1.3 million individuals and their families who are currently residing in the U.S. temporarily. This group of individuals and their families are productive members of our society and bring in almost $262 billion to the U.S. annually. They also bring a lot of positive work ethic to our country. Individuals and/or their families from countries designated for TPS are trying to escape fear of persecution with temporary refuge in the U.S. until it is safe for them to return to their countries of origin. Many of these countries are unsafe for U.S. citizens and for their own citizens as well.

It is critical that you seek legal advice immediately if you have been served with a subpoena or have been contacted by an immigration enforcement officer. At Vasquez Law Firm, our Immigration Attorney and Criminal Defense Attorney are available 24 hours a day to answer your questions and to help assert your rights. Whether you have an immigration law issue or a criminal law issue, we are available 24 hours a day to answer your questions and to assist you in moments notice. Our emergency line is answered 24 hours a day and we can provide immediate assistance to address your situation.

Explain the TPS Application Process

We know how overwhelming the temporary status protection application process can feel, but you don’t have to face it alone. At Vasquez Law Firm, we’re committed to guiding you through each essential step:

1. Gather the Documents for Temporary Status Protection Application: We will help the client gather and complete the application for Temporary Status Protection. For example, the nationality of the client, the client’s continued presence in the U.S., and any past crimes. Clients from North Carolina and Florida have received assistance with their applications for TPS.
2. Complete Application for Temporary Status Protection - Form I-821: The TPS applicant must then complete Application for Temporary Protected Status (Form I-821), provide required supporting documentation, and sign the application form. Each section must be completed in full.
3. Submit your Application: By now your Temporary Status Protection application will have been completed in full and will be ready to be mailed off to the appropriate USCIS address along with your application fee or fees as well as any relevant supporting documentation for temporary status protection. The cost of the application for first time applicants of Temporary Status Protection applies; meanwhile, applicants who are simply re-registering for TPS do not have to pay any fee in order to re-register for temporary status protection.
4. Schedule Your USCIS Biometrics Service Appointment: All applicants and their eligible family members will be required to provide either their fingerprints, photos for facial recognition technology, or both for background checks as part of your application for Temporary Status Protection. Vasquez Law Firm can explain the process for you in greater detail as well as the time-frame within which you can expect to schedule your appointment after submitting your application. The typical timeframe in which you will have your biometrics taken is within 2 to 3 months from the time that your application for temporary status protection has been received by USCIS.
5. Await USCIS Processing of Temporary Status Protection Application: After your application for Temporary Protection Status has been submitted to USCIS you will have to wait for USCIS to process your application and for a decision to be made on the submitted application for temporary status protection. If approved for TPS you and your eligible family members will receive a Notice of Decision (NP) for TPS for temporary status protection and you will be eligible to apply for an Employment Authorization Document (EAD) to verify that you are eligible to work lawfully in the United States while protected under TPS. Please also be aware that TPS is a temporary status and applicants will have to re-register for TPS every few years as needed. Vasquez Law Firm can inform you of the appropriate deadlines for submission of temporary status protection applications and of required documents to apply for TPS.
6. Re-register as Necessary for Temporary Status Protection: Temporary Status Protection granted under TPS is only temporary and granted for a period of time (on average about 18 months), at which time the TPS will need to be re-applied for. We can let you know the appropriate time for re-registration as well as the process for registering.

At Vasquez Law Firm we can assist you with every step of your temporary status protection application. For over a decade our team of immigration specialists have been able to assist North Carolina and Florida residents with all types of US immigration applications including TPS. We can sit down with you in a free first consultation and go over your situation and advise you of your best options for your temporary status protection application. We are available 24 hours a day 7 days a week to address any urgent situation including any questions that you may have after the Supreme Court recently decided the Temporary Protected Status cases for Haiti and Syria and you are wondering what the current status is for yourself or a family member and how to apply for TPS. We make immigration law affordable for our clients by offering a variety of payment options, including payment plans that can be structured to fit within your budget to allow you to pay for our services in installments rather than all at once with a large upfront payment. The average processing time for a TPS application is estimated to be 6 to 12 months for applications submitted in 2026, so it is very important to apply on time and to make sure that your application is complete and accurate in order to avoid any delays or denial of your application for temporary status protection.

Outline Benefits and Limitations of TPS

Know TPS Protections and Limitations to Plan Your Temporary Status Protection Here. This article lists the protections of TPS (Temporary Protected Status) and also provides TPS limits that will give you an idea as to the various options available for eligible individuals for Temporary Status Protection Here and the planning thereof. The Protections and limits of TPS for eligible individuals will thus be listed for planning your option for your eligibility for the use of your protections for your Temporary Status here.

1. Protection from Deportation: The main advantage of TPS is that people with this status are protected from being deported from the United States for a certain period of time.
2. Work Authorization: As long as you have TPS status, you are eligible to apply for an Employment Authorization Document (EAD). This document will permit you to work lawfully in the U.S. during the time that your TPS is in place. There are many individuals with TPS status from different countries and it has been reported that 86% of the El Salvador TPS holders and 83% of the Honduran TPS holders that are residing in the U.S. have been living here for over 20 years. They are extremely productive members of our society. In fact, it has been reported that the TPS holders in general, are adding $29 billion to our economy each year, and are paying $7.8 billion in taxes annually.
3. Other benefits such as public services: While TPS holders do not qualify to receive most public assistance, they do qualify for emergency medical care as well as other public services that are needed to save a life or to prevent a grave threat of bodily harm or property damage.

Many issues that are associated with TPS, however, can be perceived as very difficult to handle by many people.

1. Temporary Status: This status does not lead to permanent residence. People with TPS can apply for alternative relief such as Asylum, marriage to a U.S. citizen or green card holder, and for employment-based immigration, etc. The TPS status granted is on a temporary basis, generally to be in effect for 18 months and which can be renewed. This status can be of concern as it may expire at any time and there is no guarantee that it will be extended.
2. No Federal Benefits: The protection of deportation and work authorization are two of the many advantages of TPS. However, recipients of TPS are not eligible to receive any federal benefits and programs such as Medicaid, food stamps and others. TPS recipients are, however, not ‘illegal’ immigrants and should not be mistaken as such. Many of the social services that are granted to US citizens and lawful permanent residents are not granted to TPS recipients. In this sense, they lack the services of some of the social programs that are available to other foreign nationals that are residing in the U.S.
3. No Federal Benefits: As mentioned above under advantage number 3, as a TPS recipient you are not eligible for federal benefits such as coverage under Medicaid and other food assistance programs. However, as we always like to remind our clients, although you are a Temporary Protected Status (TPS) recipient you are NOT an “illegal” immigrant, and therefore you DO have protections afforded to you under US law, which is more than can be said for many illegal aliens.

Knowing the advantages and challenges of TPS status will prepare you and guide you through any foreign national status in the U.S. for future situations and make the best and most informed decision regarding your situation.

Discuss Implications of TPS Designation Changes

Terminated - When DHS Terminates A Country’s TSP Designation Then The Temporary Status Protection Of Individuals From That Country Is At Risk And Your Right To Remain Silent & Right To An Attorney Could Be Taken Away Instantly-Act Fast-Know Your Rights!

If you are already a protected individual, you will have to go through a process called re-registration in order to continue receiving your protection. There are many complex pieces of the immigration system and it can be a very difficult process. We would be happy to assist you through this process, or if you receive a subpoena to testify or are contacted by an immigration enforcement officer.

Court litigation of temporary status protection designations of countries of origin of recipients of such protection creates uncertainty. Vasquez Law Firm will provide the best legal representation should the DHS revoke the TSP designation of a citizen or of a legal permanent resident of the United States or of a temporary status protection recipient. Most recently, the Supreme Court held in the case of the Department of Homeland Security v. Thuraisung in November 2019 that the Department of Homeland Security has broad discretion in determining whether or not to continue temporary status protection (TPS) designations of various nations of origin.

Work authorization for Temporary Status Protection (TPS) designation beneficiaries is affected by the Temporary Status Protection (TPS) designation of the nation of origin of the individual. Temporary Status Protection (TPS) designation allows individuals from specially designated countries to remain in the country and to work provided that they are beneficiaries of the Temporary Status Protection (TPS) of a specific country. Work authorization is a critical component of Temporary Status Protection (TPS) as it allows individuals in temporary status protection to work in order to support themselves and their family members living in the country.

There are close to 740,000 workers in the country that are likely to have TPS, many of whom are working in essential jobs such as healthcare. Knowledge of the TPS and how it affects the individual who is a beneficiary of the Temporary Status Protection (TPS) designation of a country is crucial to individuals in temporary status protection. It is also critical for individuals in temporary status protection to be aware of all changes to the Temporary Status Protection (TPS) of a country and of the rights of individuals in temporary status protection.

As with all individuals in the country who are subjects of a criminal investigation, those in temporary status protection have the right to remain silent and the right to an attorney. It is therefore critical for individuals in temporary status protection to act quickly to seek the best legal representation possible should the situation of an individual in temporary status protection call for it. The lawyers of the Vasquez Law Firm can provide the best legal representation possible for individuals who are recipients of Temporary Status Protection (TPS) and who have had the Temporary Status Protection (TPS) designation of the country of origin of the individual revoked by the DHS. Most recently, the Supreme Court held that the Department of Homeland Security has broad discretion in determining whether or not to continue Temporary Status Protection (TPS) designations for the various countries of origin of individuals who are recipients of Temporary Status Protection (TPS).

Conclusion

Find Your Way Through the Temporary Protected Status (TPS) Program! There are millions of people from countries experiencing natural disasters, civil unrest, or other temporarily unsafe situations who reside in the U.S. and are trying to avoid deportation while trying to establish roots in this country to call their own as their “home” or “permanent residence.” For these people, the Temporary Protected Status (TPS) program provides temporary safe harbor while they work to build stable lives in the country and also can be a stepping stone to later seek and obtain other protections for which they are eligible while being able to lawfully work in the United States in order to earn a living. The goal of this guide to TPS is to inform others about this important protection and how those who are eligible and would like to gain TPS can register in order to gain this protection and apply for the work authorization that also will be granted to individuals with approved TPS applications. Temporary Protected Status is a great resource to help provide safety for those eligible as well as those who are seeking to provide for themselves and their families in a safe environment while they work to develop roots to call their own in the country and to help earn protection to which they are also entitled in future time.

In addition to answering some of the questions that individuals with TPS and their loved ones have regarding this program, we discuss the eligibility criteria and process for applying for protection, for re-registration, and for re-designation of a country for which Temporary Protected Status has been designated and is near expiration. In addition to explaining this process, we discuss the ways in which TPS holders contribute to the economy of the United States and the many ways in which they are able to provide for themselves and their families. For example, TPS holders in the United States who are currently authorized to be present in the country and who are working have added $29 billion to the United States economy in the last year alone. Thus, not only by ensuring that all individuals with TPS who are eligible to do so are re-registering on time, will be able to maintain their protection and continue to work here in the United States and to be of value to our economy.

Individuals who are trying to seek safe harbor in the United States through the Temporary Protected Status (TPS) program may find the process to apply for Temporary Protected Status to be confusing. If you are trying to establish your home in this country and are trying to apply for TPS, it is imperative that you have the right guidance so that you can apply for status and reach your goals. If you do not have the right guidance you may fall short of reaching your goals and as a result you may miss an important deadline which can have serious consequences for you and your family. Because of the uncertainty surrounding many of the TPS designations and how long a country’s designation will last, it is in your best interest to seek the qualified representation of an immigration lawyer. Our office is available 24 hours a day, 7 days a week to address your immediate concerns and to assist you with your application for Temporary Protected Status and any other immigration related matters.

Frequently Asked Questions

What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary protection granted to individuals living in the United States due to natural disasters or conflicts in their home countries. It allows them to remain in the U.S. without the fear of deportation while they seek other forms of protection.

Which countries currently have TPS designations?

Currently, the countries designated for TPS include Haiti, Syria, and Ukraine. Each of these countries has specific timelines for their TPS status, with Haiti's most recent re-designation expiring on July 17, 2023, Syria's expiring on July 17, 2026, and Ukraine's set to expire on August 1, 2024.

What are the eligibility requirements for TPS?

To qualify for TPS, applicants must meet the following criteria:

1. Nationality: Be a national of a designated TPS country or a person without nationality who last habitually resided in that country.
2. Continuous Physical Presence: Have been continuously present in the U.S. since the TPS designation for their country.
3. Timely Registration: Apply for TPS within the designated time frame for their country.
4. No Serious Criminal Activity: Not have been convicted of serious criminal activity as defined by USCIS.
5. Good Moral Character: Prove that they do not pose a threat to national security or public safety.

Why is applying for TPS complicated?

The process of applying for TPS can be overwhelming due to specific eligibility criteria and the fear of deportation. Many individuals and families face challenges in navigating the application process, especially given the uncertainty surrounding TPS and ongoing court cases.

How does TPS impact the U.S. economy?

TPS holders contribute significantly to the U.S. economy, with an estimated annual contribution of $29 billion and approximately $7.8 billion in taxes. They are productive members of society, helping to support their families and communities.

What should I do if I have legal questions about TPS?

If you have legal questions or concerns regarding TPS, it is crucial to seek legal advice immediately. The Vasquez Law Firm offers 24/7 availability to assist with immigration and criminal defense issues, ensuring that you receive timely support for your situation.

List of Sources

1. Define Temporary Protected Status (TPS)
   • Temporary Protected Status (TPS): Fact Sheet - National Immigration Forum (https://forumtogether.org/article/temporary-protected-status-fact-sheet)
   • Temporary Protected Status (TPS): An Overview - American Immigration Council (https://americanimmigrationcouncil.org/fact-sheet/temporary-protected-status-tps-overview)
   • What's next for immigrants with TPS after Supreme Court ruling? (https://pbs.org/newshour/amp/politics/whats-next-for-immigrants-with-tps-status-after-supreme-court-ruling)
   • Confusion and Worry Grow as Temporary Protected Status Set to Expire for Hundreds of Thousands - American Immigration Council (https://americanimmigrationcouncil.org/blog/trump-administration-ending-temporary-protected-status-worry)
2. Identify Eligibility Requirements for TPS
   • Updates about Temporary Protected Status (TPS) and DED (https://asaptogether.org/en/temporary-protected-status)
   • What's next for immigrants with TPS after Supreme Court ruling? (https://pbs.org/newshour/amp/politics/whats-next-for-immigrants-with-tps-status-after-supreme-court-ruling)
   • Federal Court Extends TPS for Haitians Through July 27 | Greenspoon Marder (https://gmlaw.com/news/federal-court-of-appeals-temporarily-blocks-the-revocation-of-tps-for-haitians-and-extends-protections-and-work-authorizations-until-july-27-2026)
   • Behind the headlines: Temporary Protected Status | The IRC (https://rescue.org/article/behind-headlines-temporary-protected-status)
3. Explain the TPS Application Process
   • What's next for immigrants with TPS after Supreme Court ruling? (https://pbs.org/newshour/politics/whats-next-for-immigrants-with-tps-status-after-supreme-court-ruling)
   • How TPS Works and What It Means for Immigrants in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/tps-immigration-2026)
   • Temporary Protected Status | USCIS (https://uscis.gov/humanitarian/temporary-protected-status)
   • Temporary Protected Status (TPS): An Overview - American Immigration Council (https://americanimmigrationcouncil.org/fact-sheet/temporary-protected-status-tps-overview)
4. Outline Benefits and Limitations of TPS
   • Deep Dive: Temporary Protected Status (TPS) Under Attack (https://hias.org/news/deep-dive-temporary-protected-status-tps)
   • What's next for immigrants with TPS after Supreme Court ruling? (https://pbs.org/newshour/politics/whats-next-for-immigrants-with-tps-status-after-supreme-court-ruling)
   • Updates about Temporary Protected Status (TPS) and DED (https://asaptogether.org/en/temporary-protected-status)
   • Update on Termination of Temporary Protected Status for Haiti (Release: July 24, 2026) | USCIS (https://uscis.gov/save/current-user-agencies/news-alerts/update-on-termination-of-temporary-protected-status-for-haiti-release-july-24-2026)
5. Discuss Implications of TPS Designation Changes
   • Recent Changes to Temporary Protected Status Designations: Potential Impacts on Health and Health Care | KFF (https://kff.org/immigrant-health/recent-changes-to-temporary-protected-status-designations-potential-impacts-on-health-and-health-care)
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   • Update on Termination of Temporary Protected Status for Haiti (Release: July 24, 2026) | USCIS (https://uscis.gov/i-9-central/form-i-9-related-news/update-on-termination-of-temporary-protected-status-for-haiti-release-july-24-2026)
   • Beyond the Ruling: Where Temporary Protected Status Stands - USCRI (https://refugees.org/beyond-the-ruling-where-temporary-protected-status-stands)
   • Attacked as "De Facto Amnesty," U.S. Temporary Protected Status Is Abruptly Eroded (https://migrationpolicy.org/journal/policy-beat/attacked-de-facto-amnesty-us-temporary-protected-status-abruptly-eroded)