News & Insights

Temporary Protected Status (TPS) is a humanitarian immigration benefit granted to nationals of designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. While TPS provides protection from removal and allows work authorization, it does not inherently grant travel privileges. Instead, TPS beneficiaries must apply for a separate travel document, commonly referred to as Advance Parole, to leave and reenter the U.S. lawfully.

Legal Basis and Key Requirements:

The relevant statutory authority for TPS and travel documents is found in the Immigration and Nationality Act (INA) and its implementing regulations. The critical provisions include:

• INA Section 244: Governs TPS eligibility and benefits.
• 8 CFR § 244.15: Specifies procedures for applying for permission to travel while under TPS.
• 8 CFR § 223.1: Covers the issuance of Advance Parole for noncitizens, including those under TPS.

To apply for a travel document, TPS applicants must file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS).

Can TPS Applicants with Pending Applications Apply for a Travel Document?

Yes, you can apply for a travel document while your initial TPS application is pending. However, there are important considerations:

Processing Concurrently:

• If you file Form I-131 before your TPS is approved, USCIS will generally hold the travel document request until your TPS application is adjudicated.
• This means that the approval of your travel document may depend on the approval of your TPS.

Approval Condition:

• USCIS may approve Advance Parole only if TPS is ultimately granted.
• If TPS is denied, the travel document application will also be denied.

Practical Implications:

Applying for a travel document while TPS is pending can align the timelines for both applications. However, planning international travel should wait until you receive both approvals to avoid jeopardizing your immigration status or risking denial of reentry into the U.S.

Travel Risks:

• If you leave the U.S. without Advance Parole while your TPS is pending, you may be considered to have abandoned your TPS application.

Best Practices for Filing:

• File Simultaneously: If you anticipate needing a travel document, consider filing Form I-131 concurrently with your initial TPS application to streamline processing.
• Monitor Processing Times: Check USCIS processing times for both applications regularly to manage expectations.

Additional Considerations:

For TPS holders and applicants, Advance Parole serves as critical documentation for reentry into the U.S. after travel abroad. It’s important to understand that:

• Travel on Advance Parole does not “reset” unlawful presence.
• The travel document must be valid at the time of reentry.
• Approval of Advance Parole is not guaranteed and requires careful adherence to USCIS guidelines.

Conclusion:

While it is possible to apply for a travel document based on a pending initial TPS application, the travel document will typically only be issued if your TPS is approved. To minimize risks and ensure compliance with U.S. immigration law, applicants should carefully plan and consult with an immigration attorney if uncertain about specific circumstances.