Temporary Protected Status

Temporary Protected Status (TPS) is a humanitarian immigration program that allows certain individuals from designated countries to live and work legally in the United States when returning to their home country would be unsafe. TPS is granted by the U.S. Department of Homeland Security (DHS) to nationals of countries experiencing armed conflict, natural disasters, or other extraordinary conditions that make safe return impossible.

TPS does not grant permanent residency or citizenship, but it does provide temporary protection from deportation and authorization to work in the United States. While TPS is in effect, beneficiaries may remain lawfully in the U.S. as long as they continue to meet eligibility requirements and re-register when required.

To qualify for TPS, an individual must be a national of a country currently designated for TPS, or a person without nationality who last habitually resided in that country. They must have been physically present in the United States since a specific date listed in the TPS designation and must have continuously resided in the U.S. since another required date. These dates vary by country and are strictly enforced.

Applicants must also meet admissibility requirements. Certain criminal convictions, immigration fraud, or national security concerns can disqualify someone from TPS. Even minor criminal issues can have serious consequences, which is why careful review is critical before applying.

TPS designations are temporary and must be extended by the government. Some countries have been designated for many years, while others may lose or regain TPS protections over time. Because TPS rules change frequently, eligibility should always be evaluated based on the most current designation and guidance.

At Trujillo Law Group, we help clients determine whether they qualify for TPS, explain the requirements clearly, and review potential risks before filing. Understanding eligibility at the outset is essential to protecting your status and avoiding unintended immigration consequences.

Applying for Temporary Protected Status involves submitting a formal application to U.S. Citizenship and Immigration Services (USCIS). The primary form used is Form I-821, Application for Temporary Protected Status. Applicants may also need to file Form I-765 to request a work permit and Form I-601 if a waiver is required for certain inadmissibility issues.

To apply, you must file during the initial registration period or a re-registration window announced by USCIS. Late filings may be allowed in limited circumstances, but they require additional documentation and legal justification.

The application must include proof of identity, nationality, date of entry into the U.S., and continuous residence and physical presence. This may include passports, birth certificates, entry records, school or employment records, medical records, or affidavits. USCIS reviews documentation carefully, and incomplete or inconsistent evidence often leads to delays or denials.

After filing, applicants are typically scheduled for a biometrics appointment where fingerprints and photographs are taken. USCIS then reviews the application, conducts background checks, and issues a decision. Processing times vary and can take several months.

Applying for TPS without understanding eligibility or potential risks can be dangerous. Prior immigration violations or criminal issues may trigger enforcement action if not handled correctly. At Trujillo Law Group, we review each case before filing, prepare organized applications, and help clients avoid mistakes that could jeopardize their status.

Yes. Individuals granted TPS are eligible to apply for an Employment Authorization Document (EAD), which allows them to work legally anywhere in the United States, including Utah. Work authorization is not automatic with TPS approval — it must be requested and approved separately through USCIS.

Once an EAD is issued, TPS holders may work for any employer, change jobs freely, and apply for a Social Security number. This provides financial stability and allows families to support themselves while TPS remains in effect.

Work permits issued under TPS are temporary and tied to the TPS designation period. When TPS is extended, beneficiaries must re-register and renew their work permits on time. Missing renewal deadlines can result in a loss of work authorization and employment disruptions.

Some TPS holders qualify for automatic extensions of their EADs when DHS announces them, but these extensions can be confusing and depend on specific eligibility criteria. Employers may not always understand automatic extensions, which can create employment complications.

We help clients apply for initial work permits, renew EADs, and understand extension rules so there are no gaps in authorization. Maintaining continuous work authorization is critical to protecting both employment and immigration status.

TPS itself does not lead directly to a green card or permanent residency. It is a temporary status designed to provide humanitarian protection, not a pathway to citizenship. However, some TPS holders may qualify for permanent residency through other immigration options while holding TPS.

In certain cases, TPS holders may become eligible for a green card through family-based petitions, marriage to a U.S. citizen, employment sponsorship, or other humanitarian programs. Recent legal developments have also affected how TPS-related travel authorization may impact eligibility for adjustment of status.

Because these rules are complex and frequently change, TPS holders should never assume they are eligible for a green card without legal review. Filing the wrong application or traveling without proper authorization can result in loss of status or denial.

At Trujillo Law Group, we help TPS holders evaluate long-term options and determine whether permanent residency may be available based on their specific circumstances.