News & Insights

1. What Is TPS?

TPS is a temporary immigration status granted to nationals of certain countries experiencing ongoing armed conflict, environmental disasters, or extraordinary conditions. It allows eligible individuals to live and work in the U.S. legally without fear of deportation during the TPS designation period.

The list of countries eligible for TPS is updated regularly. Check the USCIS TPS page for the most recent designations and application deadlines.

2. Eligibility Requirements for TPS

To qualify for TPS, you must:

• Be a national of a designated TPS country (or a person without nationality who last resided in a designated country).
• Have continuously resided in the U.S. since the required date specified for your country’s designation.
• File your TPS application (Form I-821) during the initial registration period or meet the criteria for late filing.
• Pass background checks to ensure you have no disqualifying criminal convictions or violations of immigration laws.

3. Interaction Between Asylum and TPS

Asylum and TPS are distinct processes with separate applications and benefits. Here’s how they interact:

Simultaneous Applications

• You can apply for TPS even if you have a pending asylum application.
• These two forms of relief do not conflict. TPS does not affect your asylum case’s processing, nor does it waive the requirements for asylum eligibility.

Temporary Nature of TPS

• TPS provides temporary relief, while asylum can lead to permanent residency and eventually citizenship.
• If your asylum claim is approved, TPS becomes redundant, as asylum offers broader protections.

Applying for TPS While Awaiting Asylum

• TPS provides work authorization (EAD) and protects you from deportation during the designation period.
• Applying for TPS can be a helpful backup if your asylum case is delayed or denied.

4. How to Apply for TPS While on a Pending Asylum Case

To apply for TPS, you need to:

• Complete Form I-821 (Application for Temporary Protected Status).
• Submit Form I-765 (Application for Employment Authorization) if you need a work permit through TPS.
• Include supporting documentation, such as proof of nationality and continuous residence in the U.S.
• Pay the required fees or apply for a fee waiver, if eligible.

Key Tip: Ensure your application is complete and submitted within the required registration or re-registration window.

5. Will Applying for TPS Impact Your Asylum Case?

No. Filing for TPS will not negatively affect your asylum application. If you are granted TPS and later your asylum claim is denied, TPS provides temporary protection and may allow you to remain in the U.S. lawfully for the duration of the TPS designation.

6. Addressing Concerns

Can I Work Under Both TPS and Asylum?

• Yes. Both statuses provide eligibility for work authorization.
• If you already have a work permit through asylum (I-765 based on a pending I-589), you will not need a separate EAD through TPS.

What Happens If My Country’s TPS Designation Ends?

• If TPS for your country ends, your asylum application will continue unaffected.
• If your asylum case is still pending or granted, you may remain protected.

7. Key Considerations Before Applying

• Review TPS deadlines and ensure your application is timely.
• Double-check the eligibility requirements for your country’s designation.
• If you have legal concerns or a complex immigration history, consult an immigration attorney for advice on how TPS might interact with your asylum case.

Authoritative Resources

• Temporary Protected Status Overview (USCIS)
• Form I-821 Instructions