Expert Temporary Protected Status attorney serving New York residents from Venezuela, Haiti, El Salvador, Honduras, Nepal, and other designated countries. Comprehensive legal representation for initial TPS applications, re-registrations, work permits, and travel documents.
TPS provides temporary immigration protection and work authorization for nationals of countries experiencing armed conflict, natural disasters, or extraordinary conditions. From eligibility assessment and application filing through re-registration and green card planning, our experienced immigration attorneys guide TPS beneficiaries with proven expertise.
Comprehensive Temporary Protected Status representation from initial application through re-registration and status maintenance
Initial Temporary Protected Status applications for nationals of designated countries experiencing ongoing armed conflict, environmental disaster, or extraordinary temporary conditions. Eligibility assessment based on continuous residence and physical presence requirements. Evidence compilation including identity documents, country of nationality proof, and U.S. residence documentation since registration deadline.
TPS re-registration filing during designated registration periods when Department of Homeland Security extends or redesignates countries. Form I-821 renewal with updated information, employment authorization renewal, and travel document applications. Timely re-registration critical to maintain TPS status, work authorization, and protection from removal.
Employment Authorization Document (EAD) applications for TPS beneficiaries using Form I-765. TPS work permits typically valid for 18 months aligned with designation period. Advance parole travel document applications (Form I-131) for international travel while maintaining TPS status. Travel permit guidance for emergency family visits or business travel abroad.
Strategic planning for TPS holders seeking permanent residence through family sponsorship, employment sponsorship, or other immigration benefits. TPS does not directly lead to green card but provides temporary status during which other immigration options may be pursued. Assessment of adjustment of status eligibility, consular processing risks, and long-term immigration strategies.
Understanding TPS designations, eligibility, and benefits
Countries with active TPS designation: Venezuela, Haiti, El Salvador, Honduras, Nicaragua, Nepal, Sudan, South Sudan, Somalia, Syria, Yemen, Ukraine, Afghanistan, Burma (Myanmar), Cameroon. TPS designation periods and re-registration dates vary by country. Venezuela has largest TPS population in U.S. with recent extensions. Check USCIS website for current designation status and registration deadlines specific to your country.
To qualify for TPS: (1) Nationality of designated TPS country (or habitual residence if stateless), (2) Continuous physical presence in U.S. since designation effective date, (3) Continuous residence in U.S. since specified date (varies by country), (4) File during initial registration or re-registration period, (5) Not convicted of felony or two or more misdemeanors, (6) Not subject to mandatory criminal bars or terrorism/persecution grounds. Late initial filing available with good cause in limited circumstances.
TPS benefits: protection from removal/deportation, employment authorization, travel authorization (with advance parole). TPS does not lead directly to lawful permanent residence or citizenship. TPS is temporary status subject to designation termination by DHS. TPS holders may pursue green cards through family sponsorship, employment sponsorship, or other pathways. TPS time counts toward continuous residence for naturalization if green card obtained. TPS does not forgive unlawful presence for future immigration benefits.
DHS periodically reviews TPS country conditions. If conditions persist, DHS extends designation for 6-18 months and publishes Federal Register notice establishing re-registration period. TPS beneficiaries must re-register during designated period (typically 60 days) to maintain status. Late re-registration allowed within 60 days after deadline with $50 additional fee. Failure to timely re-register results in loss of TPS status and work authorization. Monitor USCIS notices for country-specific re-registration periods.
Step-by-step guide to obtaining Temporary Protected Status
Verify home country TPS designation status and registration period dates. Confirm continuous residence in U.S. since specified date and continuous physical presence since designation effective date. Check eligibility criteria including nationality, timely filing, and absence of criminal or security bars.
Gather identity documents (passport, birth certificate, national ID), proof of nationality, evidence of continuous U.S. residence (leases, utility bills, school records, employment records), and physical presence documentation. Collect criminal records, court dispositions if applicable, for inadmissibility analysis.
Complete Form I-821 Application for Temporary Protected Status with biographical information, arrival details, residence history, and family information. Include application fee ($50) or fee waiver request. File concurrently with Form I-765 (work permit) and Form I-131 (travel document) if desired.
Attend Application Support Center (ASC) for fingerprinting and biometrics collection. USCIS conducts background checks and processes TPS application. Processing time varies: initial TPS applications 6-12 months, re-registrations 2-6 months. Automatic work authorization extensions often available during processing delays.
Upon approval, receive TPS approval notice, employment authorization document, and travel document if requested. TPS granted for designation period (typically 18 months). Monitor Federal Register notices for re-registration periods and designation extensions. File timely re-registration to maintain continuous TPS status and benefits.
Temporary Protected Status (TPS) is a temporary immigration status granted to nationals of countries experiencing ongoing armed conflict, environmental disaster, epidemic, or other extraordinary temporary conditions. TPS allows eligible individuals to remain in U.S. with protection from removal and work authorization for designation period (typically 18 months). TPS does not lead to permanent residence but provides temporary relief. Common TPS countries: Venezuela, Haiti, El Salvador, Honduras, Nepal, Ukraine, Afghanistan. Requirements: continuous residence and physical presence since designation dates, file during registration period, no disqualifying criminal or security issues.
As of 2024-2025, countries with active TPS designation include: Venezuela, Haiti, El Salvador, Honduras, Nicaragua, Nepal, Sudan, South Sudan, Somalia, Syria, Yemen, Ukraine, Afghanistan, Burma (Myanmar), Cameroon. Each country has different designation periods, registration deadlines, and eligibility dates. Venezuela TPS covers nationals who have continuously resided in U.S. since July 31, 2023. Haiti TPS covers continuous residence since November 6, 2023. El Salvador TPS (one of longest-running) covers residence since February 13, 2001. Check USCIS website for current country-specific designation details and registration periods.
TPS application process: (1) Verify your country has active TPS designation and you meet continuous residence/presence requirements, (2) File Form I-821 Application for Temporary Protected Status during initial registration or re-registration period, (3) Submit evidence of identity, nationality, and U.S. residence since required dates, (4) Include $50 TPS application fee or fee waiver request, (5) File Form I-765 concurrently for work permit ($410 fee or fee waiver), (6) Optionally file Form I-131 for travel document ($575 fee), (7) Attend biometrics appointment, (8) Await USCIS decision. Processing time: 6-12 months for initial applications, 2-6 months for re-registrations.
Yes. TPS beneficiaries may apply for employment authorization by filing Form I-765 concurrently with TPS application or separately after TPS approval. TPS-based work permits (EAD category A-12) typically valid for 18 months aligned with TPS designation period. Most TPS applicants file I-765 with initial I-821 application for simultaneous processing. EAD fee: $410 (fee waiver available). During re-registration, automatic EAD extensions often available if timely re-registration filed, allowing continued employment while new EAD processes. TPS work authorization allows employment with any U.S. employer.
Yes, with advance parole. TPS beneficiaries may apply for travel authorization by filing Form I-131 Application for Travel Document. TPS advance parole allows international travel for emergency family matters, business, or personal reasons while maintaining TPS status. Without advance parole, departing U.S. abandons TPS status. Application fee: $575. Processing time: 4-8 months. Advance parole typically valid 1-2 years. Upon return to U.S., CBP officer inspects advance parole document and readmits TPS holder. Travel to TPS-designated country generally permitted but consult attorney regarding individual circumstances and potential risks.
When TPS designation period approaches expiration, DHS reviews country conditions and determines whether to: (1) Extend designation if conditions persist, (2) Terminate designation if conditions improved. If extended, DHS publishes Federal Register notice with re-registration period (typically 60 days). TPS beneficiaries must re-register during this period to maintain status. If terminated, DHS provides advance notice (typically 6-18 months) before termination effective date. Beneficiaries should seek alternative immigration status before termination. Recent history: most long-standing TPS designations (El Salvador, Honduras, Haiti) have been repeatedly extended despite attempted terminations.
TPS itself does not provide direct pathway to green card. However, TPS holders may pursue permanent residence through other means: (1) Family sponsorship (marriage to U.S. citizen/permanent resident, parent/child petitions), (2) Employment sponsorship (PERM labor certification, employer petition), (3) Special immigrant categories, (4) Asylum or other relief. Critical issue: many TPS holders entered without inspection (EWI) which complicates adjustment of status. Section 245(i) relief may be available for some with qualifying immigrant petitions filed before April 30, 2001. Consular processing risks include unlawful presence bars. Consult attorney for case-specific green card strategy.
TPS re-registration is the process by which current TPS beneficiaries renew their status when DHS extends country designation. When DHS extends TPS for your country, Federal Register notice establishes re-registration period (typically 60 days). During this period, file Form I-821 re-registration, Form I-765 for new work permit, and Form I-131 for travel document if desired. Timely re-registration maintains continuous TPS status and benefits. Late re-registration allowed within 60 days after deadline with additional $50 fee. Failure to re-register results in loss of TPS status and work authorization. Automatic work authorization extensions often available if timely re-registration filed.
TPS attorney fees in New York typically range from $1,500-$3,000 depending on case complexity. Initial TPS applications: $2,000-$3,000. TPS re-registrations: $1,500-$2,000. Services include: eligibility assessment, evidence compilation guidance, Form I-821 preparation, I-765 work permit application, I-131 travel document application, fee waiver preparation if eligible, response to RFEs if issued. USCIS filing fees: $50 (I-821), $410 (I-765 work permit), $575 (I-131 travel document). Fee waivers available for low-income applicants. Many TPS attorneys offer payment plans recognizing financial challenges. Our firm provides affordable TPS representation with transparent pricing.
No. This content is for informational purposes and not legal advice. Consult with a licensed TPS attorney for advice specific to your situation.
Whether you need to apply for initial TPS, re-register for an extension, or plan your pathway to permanent residence, our experienced immigration attorneys provide expert guidance for TPS beneficiaries throughout New York.