Temporary Protected Status (TPS) - FAQs

 

Can someone who has a pending political asylum application apply for TPS?

Yes. TPS does not affect any pending asylum.

 

If I have employment authorization from my pending asylum application, do I need to apply for an Employment Authorization Document (EAD) through TPS?

No, but it is strongly recommended to register for TPS. Registration will preserve one’s access to TPS benefits in the future, even if they do not need it today.

 

Can individuals with TPS apply for a green card?

TPS does not lead to resident status on its own, having TPS would not affect one’s resident application in most cases.

 

I entered the US on a tourist visa 1.5 years ago and filed an extension because of COVID-19. Can I apply for TPS?

Yes, as long as you meet the TPS requirements.

 

Do documents submitted with the TPS application need to be officially translated into English?

Yes, a translated document with a certificate of translation should accompany the foreign language document.

 

Does applying for TPS cause me to lose my F-1 Student visa?

Applying for TPS will not make you lose your F1 Visa.

 

I am an F-1 student. If I am granted TPS and I use the Employment Authorization Card (EAD) from TPS, can I still keep F-1 status?

You would violate your status. If you wish to preserve F1 status, you would need to comply with its requirements and restrictions. Registration would not violate the F1.

 

I am an international student. If I am granted TPS, do I become eligible for in-state tuition?

Please see your DSO.

 

I am an F-1 student on Optional Practical Training (OPT). Is it recommended for me to apply for TPS?

TPS registration is recommended.

 

What happens to my F-1 status when TPS expires?

So long as you maintain your F-1 Status requirements, you can remain in this Status.

 

Can J-1 Exchange Visitors apply for TPS? Can J-2 dependents apply for TPS?

Yes.

 

If I am granted TPS, do I have to continue maintaining my F-1 status?

If you wish to preserve this status.

 

Can Venezuelans with dual nationality apply?

Yes, but the applicant may be asked to prove that their last place of residence was Venezuela.

 

Will applying for TPS negatively impact my ability to get a tourist visa in the future?

Not a clear question. If the case is denied, would it affect?

 

I am on OPT and about to start the PERM process with my employer. Should I apply for TPS in parallel?

I recommend TPS registration for all who qualify. It is up to the applicant on whether or not they want to seek an EAD card. The registration preserves the benefit should your circumstances change down the road.

 

Can you leave the country after you register for TPS but prior to approval?

There are several risky answers to this question. If you are out of status, you should absolutely not travel. If you are seeking advance parole, you can not travel until it is approved. It is wise to consult with an attorney prior to any travel, as some trips may trigger inadmissibility bars or ruin eligibility for TPS.

 

I am in the US but my spouse is not. Can I include my spouse in my application for TPS?

No you cannot include your spouse in your TPS application.

 

Can TPS be a reason to deny permanent residency in the future?

No, unless some type of fraud is associated with an application.

 

Can I apply for TPS myself or do I need an attorney?

Many people do it on their own. We recommend an attorney due to the time constraints associated with TPS.

 

When do the 18 months of TPS start?

From the date of the announcement.

Immigration Law