Temporary Protected Status (TPS)

General Information About Temporary Protected Status (TPS)

Manuel de Paz, EBSC staff and former TPS holder speaks at a recent rally to Save TPS!

January 5, 2018

We must all raise our voices to stand up for the human rights of people who hold TPS; many arrived as children and have been in the U.S. for over a decade.

Deporting hundreds of thousands of TPS holders would tear families apart, be a human rights catastrophe for already unstable countries, and would have a deep and negative impact on our own communities.

Download Our Flyer to Learn More About TPS!

The administration’s attacks on both documented and undocumented immigrants includes threats and actions to remove the Temporary Protected Status (TPS) for hundreds of thousands of refugees in our communities.

The TPS program — which has allowed more than 320,000 immigrants from ten countries to live in the United States — is a provisional designation granted to immigrants who cannot return to their homes due to violence, natural disasters, or other conditions that prevent them from returning to their home countries.  The violence and conditions in many of these countries are often in response to or exacerbated by U.S. policies.

Since the early 1990s, the program has provided TPS holders the ability to legally work on a temporary basis. Although the program does not directly provide legal status, many have been in the country for decades due to multiple extensions. TPS holders are raising nearly 300,000 US-born children.

EBSC is active in the Bay Area Coalition to Save TPS and other policy advocacy around this important issue. In the coming weeks, we will be screening more than 650 TPS holders for more permanent immigration relief.

What is the EBSC Temporary Protected Status Program?

EBSC began its Temporary Protected Status (TPS) Program when the United States Government allowed nationals from Honduras and Nicaragua to register for TPS in 1999. EBSC immediately helped 150 clients register for TPS. Since that time, the EBSC’s TPS program has expanded to just under 1,000 clients from Honduras, Nicaragua, El Salvador, and Haiti. Each client must re-register for TPS every 12 to 16 months. TPS is temporary, and under current law a client in the TPS program will not be able to adjust to a permanent resident nor petition for naturalization. Learn more about TPS here.

If you are seeking legal assistance please come to EBSC’s office immediately to inquire our programs. TPS intakes are by appointment. Please bring your current or most recently expired Employment Authorization Document (EAD). All information you provide EBSC is confidential and attorney-client privileged. No person, aside from EBSC Staff, will ever hear any details about your case without your express permission.

Does EBSC Charge a Fee For TPS Help?

EBSC’s fees for TPS are:

  • New Original Application for TPS: $160
    • Derivative Family Member: $60
  • Renewal TPS Application for EBSC Client: $100
    • Derivative Family Member of EBSC Client: $40
  • Renewal TPS Application for non-EBSC Client: $150
    • Derivative Family Member of non-EBSC Client: $40

This assistance includes filing the appropriate forms to register for TPS, filing the forms necessary for an Employment Authorization Document, and responding to any Requests for Evidence or Legal Argument which USCIS demands.

We never deny our services because of an inability to pay. If a client cannot afford to pay our fee, then EBSC will evaluate the client’s financial situation and reduce or waive our fee where appropriate.

Note: The information provided below is not meant to be legal advice. Before seeking any immigration benefit and at all times while in Removal Proceedings contact an attorney or an organization licensed by the Board of Immigration Appeals.

Who Does the EBSC TPS Program Help?

TPS is a temporary status when an client’s country of origin has an ongoing civil armed conflict, an earthquake, flood, drought, epidemic, or other environmental disaster, or other extraordinary conditions in which a returning client’s personal safety would be in serious danger. Not all countries will qualify.

TPS is not a permanent status and will not allow an client to become a permanent resident or naturalize as a United States citizen. TPS status can be canceled at anytime by the United States Government; however, an client cannot be removed, detained, and may work while in TPS.

Does USCIS Charge a Fee For TPS Registration?

 

There is no Form I-821 fee for re-registration. Persons 14 years of age or older must also file an $85 fee for biometric services. The filing fee for form I-765 is $410. The applicant must submit a check or money order payable to U.S. Department of Homeland Security. This fee may be waived if the applicant falls below the Federal Poverty Guidelines. To apply for a fee waiver, the immigrant must bring their latest tax return with them to their appointment at EBSC.

What Is The Process To Register For TPS?

Registration for TPS, and re-registration, require filing forms I-765 and I-821 with USCIS. You must bring your expiring Employment Authorization Card or proof of past TPS registration, a passport, two passport sized photos, and a check or money order for $495.00.

When Do I Need to Re-Register for TPS?

USCIS requires that each TPS applicant submit their forms during their home country’s registration window. The most recent registration window can be found here.

Any other admissibility or deportability ground may be waived at the discretion of USCIS. INA § 244(c)(2)(A).

Will Every Immigrant From a Designated Country Be Granted TPS?

No, certain inadmissibility and deportability grounds under INA § 212 and INA § 237 respectively apply to immigrants who are applying for TPS. Any client who has been convicted of a felony or two misdemeanors in the United States, has ever ordered, incited, assisted, or otherwise participated in the persecution of others, has committed a serious nonpolitical crime outside of the United States, or an immigrant who has engaged in or materially supported terrorism is not eligible to receive TPS benefits. INA § 244(c)(2)(B)