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TPS Comprehensive Guide

Temporary Protected Status (TPS) is granted to eligible nationals of designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. This guide covers the 2026 landscape of TPS designations and requirements.


Current Designations (March 2026)

Active and Court-Protected Countries

Country Designation Status Expiration Date Notes
El Salvador Active September 9, 2026
Haiti Court-protected February 3, 2026 Termination stayed (D.D.C.)
Honduras Court-protected September 8, 2025 Terminated; vacatur stayed (9th Cir.)
Lebanon Active May 27, 2026
Nepal Court-protected August 5, 2025 Terminated; vacatur stayed (9th Cir.)
Nicaragua Court-protected September 8, 2025 Terminated; vacatur stayed (9th Cir.)
Somalia Court-protected March 17, 2026 Termination stayed (D. Mass.)
South Sudan Court-protected January 5, 2026 Termination stayed (D. Mass.)
Sudan Active October 19, 2026
Syria Court-protected November 21, 2025 Termination paused by court
Ukraine Active October 19, 2026
Venezuela Mixed October 2, 2026 2023 cohorts active; 2021 cohort terminated
Yemen Active May 4, 2026 Ending May 4, 2026
Burma (Myanmar) Court-protected January 26, 2026 Termination postponed (N.D. Ill.)
Ethiopia Court-protected February 13, 2026 Termination stayed (D. Mass.)

What TPS Provides

Benefits

Benefit Details
Protection from removal Cannot be deported while TPS active
Work authorization Employment Authorization Document (EAD)
Travel authorization Form I-512T for international travel
Driver's license Eligible in all states

What TPS Does NOT Provide

NOT Included Explanation
Permanent status TPS is temporary
Direct path to green card Must qualify through other means
"Admission" for EWI holders Sanchez v. Mayorkas ruling
Public benefits Ineligible for most federal benefits

Eligibility Requirements

General Requirements

Requirement Details
Nationality National of designated country
Physical presence In U.S. on designation date
Continuous residence Since date specified for country
Timely registration During 60-day registration window

Criminal Bars

Conviction Effect
Any felony Statutorily ineligible
Two or more misdemeanors Statutorily ineligible
Certain inadmissibility grounds May require waiver

Inadmissibility Waivers

Concurrent Form I-601 can waive certain grounds:

  • Health-related grounds
  • Some criminal grounds
  • Unlawful presence (for TPS purposes)

Registration and Renewal

Registration Windows

TPS registration occurs during strictly defined 60-day windows published in the Federal Register.

Phase Action Required
Initial registration File during designation window
Re-registration File during each re-registration period
Continuous residence Maintain since required date

Missing the Deadline

Scenario Consequence
Missed without good cause TPS status withdrawn
Work authorization Lost
"Good cause" exception Must demonstrate compelling reason

Good cause examples:

  • Severe medical emergency
  • Natural disaster
  • Administrative error by USCIS
  • Military deployment

Late Filing

USCIS accepts late re-registration with good cause documentation:

  • Medical records
  • Hospitalization proof
  • Other compelling evidence
  • Detailed explanation letter

2026 Fees

Current Fee Structure (Effective January 1, 2026)

Form Purpose Fee
I-821 (Initial) TPS application $510
I-821 (Re-registration) Renewal $0
I-765 (Initial EAD) Work authorization $560
I-765 (Renewal EAD) EAD renewal $280
I-131 (Travel) Advance parole Varies
Biometrics Fingerprinting $85

Fee Waivers

Fee waivers available for:

  • Financial hardship (Form I-912)
  • Income below 150% poverty level
  • Government benefits recipients

Work Authorization

EAD Details

Feature Details
Category code A-12 or C-19
Validity Matches TPS designation period
Automatic extensions Available in many cases

Automatic Extensions

When USCIS extends TPS and announces automatic EAD extensions:

What's Extended Duration
EAD validity Up to 540 days past printed date
Based on Federal Register Notice
Documentation I-797C receipt notice

I-9 Reverification

To continue working during automatic extension:

  • Provide employer with I-797C receipt notice
  • Reference Federal Register Notice
  • Employer updates I-9 with extension information

Travel Authorization

Form I-512T

TPS holders can obtain travel authorization to leave and return to the U.S.

Feature Details
Form I-512T (TPS travel document)
Purpose Authorized departure and return
Critical benefit Creates "admission" upon return

Why Travel Matters: Adjustment of Status

The Supreme Court ruled in Sanchez v. Mayorkas (2021) that TPS does not constitute an admission for adjustment purposes.

Entry Type Can Adjust Domestically?
Entered with visa Yes
Entered without inspection (EWI) No - unless create admission
EWI + TPS travel + return Yes - travel creates admission

Matter of Arrabally and Yerrabelly

TPS holders who travel internationally and return using I-512T are deemed "inspected and admitted." This:

  • Satisfies INA ยง 245(a) requirements
  • Allows domestic adjustment of status
  • Avoids triggering unlawful presence bars

Travel Risks

Risk Details
Other inadmissibility grounds Travel doesn't forgive all grounds
Multiple unlawful entries May trigger permanent bar
Criminal issues May face problems at port of entry

Transitioning from TPS

When TPS Ends

Scenario Options
Designation terminated Seek other relief or depart
Wind-down period Usually 6-18 months
Court stays Continue status during litigation

Green Card Pathways

Pathway Requirements
Family-based USC/LPR spouse, parent, or adult child
Employment-based Employer sponsorship, labor certification
Diversity Visa Lottery if from eligible country
Asylum Fear of persecution
U-visa Crime victim, cooperation

Adjustment of Status Requirements

Requirement How TPS Holders Qualify
Inspected and admitted Travel with I-512T and return
Immediately available visa Approved petition, current priority date
Admissible No bars, or waiver approved

For Those Who Entered Without Inspection

Step Action
1 Obtain approved immigrant petition (I-130, etc.)
2 Apply for and receive I-512T travel document
3 Travel internationally and return
4 Return creates "admission"
5 File I-485 adjustment of status

Caution: Travel doesn't forgive other inadmissibility grounds. Consult attorney before traveling.


Court Challenges and Stays

Current Injunctions

Multiple federal courts have issued stays preventing TPS terminations:

Court Countries Covered
Ninth Circuit Honduras, Nepal, Nicaragua
D.D.C. Haiti
D. Mass. Somalia, South Sudan, Ethiopia
N.D. Ill. Burma

What Stays Mean

Status Effect
Stay in effect TPS continues; can re-register
Stay lifted Termination proceeds
Wind-down period Time to depart or find alternative

Preparing for TPS Termination

Documentation to Organize

  • [ ] All I-797 approval notices
  • [ ] EADs (current and past)
  • [ ] Travel documents (I-512T)
  • [ ] Tax returns
  • [ ] Employment records
  • [ ] Proof of continuous residence
  • [ ] Evidence for alternative relief

Explore Alternative Relief

Relief Eligibility
Family petition USC/LPR family member sponsor
Asylum Fear of persecution in home country
U-visa Crime victim
VAWA Domestic violence victim
Cancellation of removal 10 years presence, hardship

Resources

Registration Assistance

Organization Services
CLINIC TPS registration support
Local legal aid Case assistance
Community organizations Fee assistance, form help

Country-Specific Resources

Country Organizations
El Salvador CARECEN, Salvadoran American organizations
Haiti Haitian Bridge Alliance
Honduras Honduran advocacy groups
Venezuela Venezuelan American organizations

Related Resources


Last updated: March 24, 2026

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