Frequently Asked Questions: TPS Eligibility and the Application

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 1

Frequently Asked Questions: TPS Eligibility and the Application Process

July 17, 2023

This FAQ provides answers to commonly asked Temporary Protected Status (TPS) questions.

This resource is not country-specific and provides information on eligibility issues more

generally. Refer to country-specific Federal Register Notices (FRNs) for additional details.

BACKGROUND

What is Temporary Protected Status (TPS)?

TPS is an immigration status granted to eligible nationals of a designated country or persons

without nationality who last habitually resided in that country. Under Immigration and

Nationality Act (INA) § 244, the Secretary of the Department of Homeland Security (DHS) may

designate a country for TPS based on an emergency situation, such as an ongoing armed

conflict or environmental disaster, that temporarily prevents nationals who are in the United

States from returning safely to the designated county. TPS beneficiaries who register by the

specified date

are eligible to remain in the Unites States during the TPS designation period and

receive temporary protection from deportation. They may also apply for employment

authorization and advance parole travel permission during their grant of TPS. Initial TPS

designations are made for a period of six to 18 months.

What countries are currently designated for TPS?

The sixteen countries designated as of the date of this advisory are: Afghanistan, Burma

(Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia,

Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen. Countries designated for TPS are

subject to change as designations may be added or terminated. The U.S. Citizenship and

Immigration Services (USCIS) updates information regarding TPS designations on its website.

ELIGIBILITY

Who is eligible for TPS?

To qualify for TPS, an applicant must be a national of a country designated for TPS or a

noncitizen with no nationality who last habitually resided in such a country. He or she must also

USCIS may accept late initial registrations and re-registration applications under certain circumstances that are

discussed in this FAQ.

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 2

prove continuous residence and continuous physical presence

in the United States as of the

dates specified for a particular country’s designation. For instance, an applicant for TPS under

Venezuela’s March 9, 2021, designation must show continuous residence since March 8, 2021,

and continuous physical presence since March 9, 2021. Information regarding country-specific

eligibility requirements — specifically, the continuous residence and physical presence dates –

is found on the USCIS website.

Absences that are “brief, casual and innocent” do not prevent

applicants from showing continuous residence or continuous physical presence. Likewise, a

brief temporary trip abroad required because of an emergency or extenuating circumstances

outside the applicant’s control will not break continuous residence. See 8 C.F.R. § 244.1.

The applicant must apply within the relevant registration period unless he or she qualifies for

late initial registration. An otherwise eligible individual is disqualified from TPS if he or she:

• Has been convicted of any felony or two or more misdemeanors committed in the

United States;

• Is found inadmissible as an immigrant under the applicable INA § 212(a) grounds,

including non-waivable criminal and security-related grounds; or

• Is subject to any of the mandatory bars to asylum, found at INA § 208(b)(2)(A).

Which inadmissibility grounds apply to TPS applicants? Which of those can be waived?

TPS applicants must demonstrate that they are admissible. However, as provided in INA §

244(c)(2) and corresponding regulations, and based on USCIS policy, certain grounds of

inadmissibility do not apply to TPS applicants, while others may be waived.

The following grounds of inadmissibility are not applicable: public charge, 212(a)(4); the labor

certification grounds, 212(a)(5)(A); unqualified physicians, 212(a)(5)(B); and documentation

requirements, 212(a)(7)(A)(i).

According to the instructions to the I-601 Application for Waiver of Grounds of Inadmissibility,

USCIS does not require a waiver for the following grounds: being present without admission or

parole, 212(a)(6)(A); stowaways, INA 212(a)(6)(D); student visa violators, INA 212(a)(6)(G);

those previously removed and seeking admission, 212(a)(9)(A); unlawful presence, 212(a)(9)(B);

and those unlawfully present after previous immigration violations, 212(a)(9)(C).

Certain criminal and security-related grounds cannot be waived: crimes involving moral

turpitude, 212(a)(2)(A)(i)(I); controlled substance violations, except for a single offense of

simple possession of 30 grams or less of marijuana, 212(a)(2)(A)(i)(II); multiple criminal

convictions, 212(a)(2)(B); controlled substance trafficking, 212(a)(2)(B); danger to U.S. security,

212(a)(3)(A); terrorist activities, 212(a)(3)(B); adverse foreign policy consequences, 212(a)(3)(C);

membership in totalitarian party, 212(a)(3)(D); and grounds relating to Nazi persecution,

genocide, or the commission of any act of torture or extrajudicial killing, 212(a)(3)(E).

These terms are defined in the regulations at 8 CFR § 244.1(3).

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 3

The remaining inadmissibility grounds may be waived for humanitarian purposes, to assure

family unity, or when it is in the public interest.

What are the mandatory bars to asylum and why are they relevant to TPS?

INA § 244(c)(2) references the mandatory bars to asylum and incorporates them as a bar to TPS

eligibility. A noncitizen who is subject to a mandatory bar to asylum, found at INA §

208(b)(2)(A), cannot qualify for TPS. These bars apply to a person who:

• Ordered, incited, assisted, or otherwise participated in the persecution of any

person on account of race, religion, nationality, membership in a particular social

group, or political opinion;

• Has been convicted by a final judgment of a “particularly serious crime” (which

includes an aggravated felony) that constitutes a danger to the community of the

United States;

• DHS has reasons for believing has committed a serious nonpolitical crime outside

the United States prior to arrival in the United States;

• DHS determines, based on reasonable grounds, is a danger to the security of the

United States;

• Has engaged in or incited terrorist activity, as described in INA § 212(a)(3)(B)(i) or §

237(a)(4)(B); or

• Is considered firmly resettled in a third country prior to arriving in the Unites States.

For more on firm resettlement, see below.

Can a dual national of a TPS-designated country and another country qualify for TPS?

Dual nationality is not necessarily a bar to TPS if the applicant is able to prove that he or she is a

national of a TPS designated country or is a person without any nationality who last habitually

resided in a TPS designated country.

Some AAO decisions have found that TPS was properly

denied where a dual citizen claimed to be a national of a non-TPS country upon entry to the

United States or when applying for a visa or other U.S. immigration benefit. In reaching these

decisions, USCIS applied Matter of Ognibene, 18 I&N Dec. 425 (BIA 1983) to deny TPS

applications where the applicant’s “operative nationality” does not belong to a country

designated for TPS.

According to a USCIS FAQ published in 2021, it appears that USCIS is no

longer applying this decision to TPS applicants who entered the United States with a visa

See USCIS Temporary Protected Status (TPS) Webinar Questions and Answers, Aug. 25, 2021, available at:

https://www.uscis.gov/sites/default/files/document/questions-and-

answers/Temporary_Protected_Status_TPS_Webinar_Questions_and_Answers.pdf; USCIS Questions and Answers,

Designation of Syria for Temporary Protected Status, March 29, 2012, available at:

https://www.uscis.gov/sites/default/files/document/questions-and-answers/TPS_Syria_QAs_03-29-12.pdf

In Ognibene, the BIA held that in the case of a dual national, the nationality claimed or established at the time of

entry into the United States must be regarded, for purposes of INA § 214, as the sole or operative nationality for

the duration of their stay in the United States.

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 4

granted to them as a national of their non-TPS designated country.

Firm resettlement,

discussed below, is another issue that may arise for dual nationals.

While dual nationality is not by itself disqualifying, clients who have previously applied for an

immigration benefit using their non-TPS nationality may receive more scrutiny. Consider

including arguments that, despite having applied for an immigration benefit using their non-TPS

nationality, the applicant has proven that they are a national of a TPS designated country and

has no significant ties to their other country of nationality. For more on this topic, see CLINIC’s

practice pointer, “Temporary Protected Status: Navigating Removal Proceedings, Dual

Nationality, and Asylum.”

Does firm resettlement in a third country make my client ineligible for TPS?

A noncitizen is ineligible for TPS if he or she was “firmly resettled in another country prior to

arriving in the United States.” INA § 208(b)(A)(vi). Whether a noncitizen has received an offer of

firm resettlement is a complex analysis and is highly case specific. USCIS has not published TPS-

specific guidance on firm resettlement though USCIS has addressed questions about the issue in

recent public engagements.

A noncitizen is considered firmly resettled if, prior to arrival in the United States, he or she

entered into another country with, or while in that country received an offer of, permanent

resident status, citizenship, or some other type of permanent resettlement, unless he or she

meets one of two exceptions. First, the noncitizen establishes that entry into the third country

was a necessary consequence of flight from persecution, that he or she remained in that

country only as long as was necessary to arrange onward travel, and he or she did not establish

significant ties to that country. Second, an exception applies if the conditions of residence in

that country were so substantially and consciously restricted by the authority of that country

that he or she was not in fact resettled. 8 CFR § 208.15. Restrictive conditions factors include

the type of housing and employment opportunities made available, country conditions, the

ability to own property, travel and access education, as well as evidence of persecution or

discrimination by the government of the third country.

Form I-821 asks applicants to provide information on the countries they have transited through

and/or lived in after fleeing their home country and prior to arriving in the United States.

Applicants are instructed to provide the dates they were in those countries and describe any

immigration status they may have had while in those countries. If the applicant has ever been

offered an immigration status or citizenship in another country that they did not accept, they

See USCIS Temporary Protected Status (TPS) Webinar Questions and Answers, Aug. 25, 2021, available at:

https://www.uscis.gov/sites/default/files/document/questions-and-

answers/Temporary_Protected_Status_TPS_Webinar_Questions_and_Answers.pdf;

Id.

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 5

are asked to describe that status offer and explain why they did not accept it.

According to

USCIS, applicants it determines are barred by firm resettlement will receive a notice of intent to

deny providing them an opportunity to respond before a denial notice is issued.

For more on this topic, see CLINIC’s practice pointer, “Temporary Protected Status: Navigating

Removal Proceedings, Dual Nationality, and Asylum.”

May someone apply for TPS if they already hold some other lawful status or have an

application for another status pending?

Yes. INA § 244(a)(5) provides that TPS cannot be denied on the basis of the applicant’s

immigration status, and a grant of TPS is not inconsistent with a grant of nonimmigrant or other

status. Thus, someone in valid nonimmigrant status may apply for and be granted TPS.

However, to continue to maintain nonimmigrant status while simultaneously holding TPS, the

person must remain eligible for both statuses. USCIS has advised that “[I]t is up to the individual

to know and understand the requirements of all statuses he/she holds or is seeking to obtain

and/or maintain.”

One important consideration is the impact of a decision to work using a TPS-

based EAD. Before applying for work authorization, consider whether such employment would

violate the terms of the person’s underlying nonimmigrant status. For example, B-2 visitors and

F-1 students face limitations on employment. One option for some clients who would like to

maintain their underlying nonimmigrant status would be either to file the Form I-821 but not

request an EAD, or to request the EAD but refrain from using it to work.

Under INA § 244(f)(4), a TPS beneficiary is considered to be “in and maintaining lawful

nonimmigrant status” while they hold valid TPS. Thus, a nonimmigrant who obtains TPS and

ends up losing their underlying nonimmigrant status may be able to revert to nonimmigrant

status before their TPS expires or terminates. For example, an F-1 student who obtains TPS and

subsequently loses F-1 may be able to switch back into F-1 – or even change into some other

nonimmigrant status — as long as the Form I-539 or I-129 is filed while he or she remains in

valid TPS.

May someone with a pending asylum application apply for TPS?

Yes. Applying for TPS, or being granted TPS, does not affect a pending asylum application.

However, affirmative asylum applicants should consider their preferred strategy in the event

that their asylum application is not granted by USCIS. Under 8 CFR § 208.14(c)(2), if someone

has TPS (or other valid immigration status) at the time their affirmative asylum application is

See Form I-821 Instructions at Part 2, Items 15.a – 15.d, and Part 7, Items 1.c - 7, available at

https://www.uscis.gov/sites/default/files/document/forms/i-821instr.pdf

See USCIS Temporary Protected Status (TPS) Webinar Questions and Answers, Aug. 25, 2021, available at:

https://www.uscis.gov/sites/default/files/document/questions-and-

answers/Temporary_Protected_Status_TPS_Webinar_Questions_and_Answers.pdf;

USCIS FAQs on Statelessness and the Ability to Work for Joint F-1/TPS, Sept. 3, 2015 AILA Doc. No. 15090306,

available at: https://www.aila.org/infonet/uscis-faq-joint-f-1tps-status-and-statelessness

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 6

denied, USCIS cannot refer their asylum case to an immigration judge (IJ) for the claim to be

reviewed de novo.

Therefore, if the client has a weak asylum case that is unlikely to be

granted by an IJ and does not have other relief available, it may be in his or her best interest to

proceed with applying for TPS. However, those clients must understand that if they obtain TPS

and USCIS then decides not to grant their affirmative asylum application, having TPS at the time

of the decision would foreclose them from continuing to pursue their asylum claim in front of

an IJ (or seeking another form of relief in immigration court).

Those who have a strong case for asylum may prefer not to apply for TPS until after the

affirmative asylum application has been decided. The option to apply for TPS may still be

available if the registration period remains open or they qualify for late initial registration under

8 CFR § 244.2(f)(2). Generally, to qualify for late initial registration the client would need to

apply for TPS during an extension of the designation for their country and within 60 days of

their asylum denial.

Note that obtaining TPS status will “stop the clock” on the requirement to file for asylum within

one year of arriving in the United States if the one-year clock has not already expired. See 8 CFR

§ 208.4(a)(5)(iv).

APPLICATION PROCESS

What is the application process for initial TPS?

Those who are eligible for TPS should file an initial application within the registration period

that is specified for a particular country’s designation. Applicants should submit the following:

1. Form I-821 for each applicant, along with required fees or an I-912 fee waiver request.

The filing fee for an initial TPS application is $50. In addition, an $85 biometrics fee is

required from applicants who are 14 years of age or older.

2. Form I-765 for those who are requesting an Employment Authorization Document

(EAD). For applicants between the ages of 14 and 65, the filing fee is $410. This fee may

also be waived. Two passport-style photos should be included. Initial TPS EAD applicants

should use EAD category code (a)(12).

3. Proof of identity and nationality of a TPS-designated country (passport; birth certificate

and photo ID; or national identity document with photo and/or fingerprint).

4. Proof of date of entry to United States (passport or I-94).

5. Proof of continuous residence and continuous physical presence since the relevant

dates for the designated country (employment records, rent receipts, utility bills, tax

returns, school records, medical records, etc.).

Following an interview, an asylum officer can either approve an asylum application or determine the applicant

has not demonstrated eligibility for asylum. In the latter case, the three options are for the asylum office to deny

the application, refer it to an immigration judge, or dismiss it. Referral results in the asylum applicant being placed

in removal proceedings where he or she may present the asylum claim again but this time to an immigration judge.

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 7

6. If applicable, Form I-601 waiver of inadmissibility and supporting documentation

(although USCIS will also provide the opportunity to submit later, if not included with

initial package), and

7. If applicable, certified court disposition related to any criminal arrest, charge or

conviction.

At this time, the option to file Form I-821 online is available to initial and re-registration TPS

applicants from all designated countries. Those seeking an EAD may also concurrently file Form

I-765 online.

Noncitizens who fail to apply during the initial registration period may be able to file a late

initial application if they meet certain conditions, described in the section below

What evidence should applicants submit to demonstrate identity and nationality?

Primary evidence of identity and nationality includes a passport (valid or expired); a birth

certificate, along with photo identification; and/or other nationality identity document with

photograph and/or fingerprint.

If primary evidence is unavailable, an applicant may submit an affidavit explaining why the

documents cannot be obtained, along with acceptable secondary evidence. Secondary evidence

may include a naturalization certificate; baptismal certificate (if it indicates nationality or

parents’ nationality); copies of school, medical, or immigration records that include nationality;

or affidavits from friends or family members who have close personal knowledge of the date

and place of the applicant’s birth or their parents’ nationality.

TPS beneficiaries whose status

has been extended by a current court injunction may submit evidence of their prior TPS

approval and do not need to submit nationality and identify documentation again.

According to recent USCIS public engagements, dual nationals may still be eligible for TPS as

long as they can prove they are in fact a national of a TPS country, according to the laws of that

country. Applicants who do not have proof of a qualifying nationality should contact the

relevant embassy or consulate to determine what steps they can take to confirm their

nationality.

See USCIS website at: https://www.uscis.gov/newsroom/alerts/all-temporary-protected-status-tps-applicants-

may-now-file-forms-i-821-and-i-765-online

See USCIS website for a list of acceptable secondary evidence, available at:

https://www.uscis.gov/humanitarian/temporary-protected-status.

See USCIS Temporary Protected Status (TPS) Webinar Questions and Answers, Aug. 25, 2021, available at:

https://www.uscis.gov/sites/default/files/document/questions-and-

answers/Temporary_Protected_Status_TPS_Webinar_Questions_and_Answers.pdf;

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 8

What evidence can applicants submit to show continuous residence and continuous physical

presence?

The instructions to Form I-821 provide a non-exhaustive list of supporting documentation that

may be included to prove continuous residence and continuous physical presence. Examples

include employment records, rent receipts, utility bills, school records, medical records, birth

certificates of children born in the United States, dated bank transactions, insurance policies,

and vehicle registration. Applicants may use any relevant documentation, particularly records

created during the course of ordinary business that include the applicant’s name, address, and

a date.

Can family members apply for TPS together?

There are no derivative benefits for TPS recipients. To qualify for TPS, each individual must

satisfy the requirements for TPS independently and submit their own application. If submitting

applications for multiple family members in one packet, USCIS recommends that a separate

check for each application is included.

What are the requirements for late initial registration?

Those who fail to apply for TPS during the initial registration period may be eligible to file a late

initial registration during any extension of their country’s designation. To qualify, during the

initial registration period or a subsequent initial registration period, the applicant must have:

• Been a nonimmigrant or been granted voluntary departure status or any relief from

removal;

• Had an application for change of status, adjustment of status, asylum, voluntary

departure, or any relief from removal which was pending or subject to further review or

appeal;

• Been a parolee or had a pending request for re-parole; or

• Be the spouse of an individual who is currently eligible for TPS.

The application for late registration must be filed while one of the above conditions still exists

or within a 60-day period immediately following the expiration or termination of a status

described above. In addition, someone who during the initial registration period or a

subsequent initial registration period was a child of a noncitizen currently eligible for TPS may

also apply for late registration. There is no time limitation on filing if you meet this condition.

“Child” refers to someone who was under 21 and unmarried at any time during an initial

registration period. In all cases, the applicant seeking to register late must satisfy the other TPS

eligibility requirements. See 8 CFR § 244.2(f)(2) (g) and the USCIS webpage on TPS.

What is the process for a TPS holder applying to re-register for TPS?

Every time DHS announces the extension of the TPS designation for a particular country, TPS

recipients from that country must apply to re-register. Likewise, TPS holders must re-register

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 9

when a country’s TPS designation is terminated, but DHS extends TPS for a transitional period

before the termination takes effect. The re-registration period is typically 60 days and is

specified for each country on the USCIS TPS webpage. There is no I-821 filing fee for re-

registration applications, although the biometrics fees described above still apply. Generally, re-

registration applicants do not need to submit copies of any documentation to demonstrate

eligibility. Those submitting first-time re-registrations with USCIS after an Immigration Judge or

the Board of Immigration Appeals has granted TPS should include a copy of that decision with

their Form I-821. Practitioners should follow the specific guidance in the I-821 instructions.

May someone file a late re-registration application if he or she missed the most recent re-

registration period for their country?

Timely re-registration during each re-registration period is required for a recipient to maintain

TPS benefits. However, under INA § 244(c)(3)(C) and 8 CFR § 244.17, USCIS has the discretion to

accept and approve a late re-registration application when the applicant has “good cause” for

filing after the end of the relevant re-registration period. Applicants must submit with the re-

registration application a letter that explains the reason(s) for filing late.

USCIS has not published guidance about the types of reasons that constitute “good

cause.”

Anecdotally, applicants have had late re-registration applications granted in

situations where the applicant failed to re-register on time because of serious physical or

mental illness or sudden hospitalization (of the applicant or a close relative the applicant cared

for). Good cause might be established by an applicant who sought timely assistance or advice

about maintaining TPS but was misinformed through no fault of their own. Other factors that

could potentially contribute to a finding of good cause might include unemployment,

homelessness, a death in the family, or other personal emergencies; or the inability to

understand the re-registration requirements due to mental capacity, language barriers, or lack

of access to legal resources. For more information, consult CLINIC’s “FAQs on Late Re-

registration for TPS.”

May someone in removal proceedings or with an outstanding removal order apply for TPS?

USCIS has jurisdiction over initial TPS and re-registration applications from clients in removal

proceedings unless the basis of the Notice to Appear (NTA), if established, would make the

individual ineligible for TPS on the basis of a criminal or security-related inadmissibility ground

that cannot be waived. See 8 CFR §§ 244.7(d), 1244.7(d). In that instance, the Executive Office

for Immigration Review decides TPS eligibility during removal proceedings.

Having a removal order is not a bar to TPS eligibility. While a grant of TPS does not eliminate

the removal order, it prevents DHS from removing the TPS holder while they remain in valid TPS

Late re-registrants from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan who missed the deadline

because of the TPS termination announcement for their country should explain how the termination decision

impacted their failure to re-register on time. See: https://www.uscis.gov/humanitarian/update-on-ramos-v-nielsen

and https://www.uscis.gov/humanitarian/temporary-protected-status/update-on-bhattarai-v-nielsen.

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 10

status. For more discussion, see CLINIC’s practice pointer “Temporary Protected Status:

Navigating Removal Proceedings, Dual Nationality, and Asylum.”

BENEFITS

Can TPS holders travel abroad and re-enter the United States?

A TPS holder must obtain a TPS travel authorization document

prior to departing the United

States to avoid breaking the continuous physical presence requirement for maintaining TPS. A

valid travel document also demonstrates that the TPS holder has permission to reenter the

United States. Issuance of a travel document by USCIS does not guarantee reentry to the United

States. Customs and Border Protection (CBP) inspects returning TPS recipients at the port-of-

entry and has the discretion to find someone inadmissible under INA § 212(a) or otherwise

deny entry. USCIS advises TPS holders who simultaneously hold a nonimmigrant status to

obtain a TPS travel document instead of relying on a nonimmigrant visa to travel.

Clients with a pending or approved I-821 can apply for a travel document by filing Form I-131.

These cannot be filed online; a paper application is required. Concurrently filed Forms I-821 and

I-131 should be sent to the address listed on the USCIS TPS page for a specific country. Those

who are applying for travel authorization separately based on a pending or approved I-821

should check the USCIS page for Direct Filing Addresses for Form I-131. The $575 filing fee for

the I-131 cannot be waived.

Is there any employment authorization flexibility for F-1 students seeking TPS?

Yes. 8 CFR § 214.2(f)(9) allows DHS to suspend certain F-1 regulatory requirements for students

from a designated country who are experiencing severe economic hardship due to conditions in

that country. Under Special Student Relief (SSR), these students may request employment

authorization, work an increased number of hours while studying, and reduce their course load

while continuing to maintain F-1 status. For instance, DHS temporarily suspended certain

employment-related requirements for Haitian F-1 students who were present in the United

States as of August 3, 2021 and experiencing severe economic hardship based on the current

crisis in Haiti. A list of designated countries is available at https://www.ice.gov/sevis/whats-

new.

F-1 students who are eligible for TPS and SRR have the option of applying for an EAD through

SSR or through TPS. However, practitioners should consult the relevant Federal Register Notice

In the past, USCIS issued advance parole travel documents to TPS recipients. Starting July 1, 2022, USCIS began

authorizing travel using Form I-512T, Authorization for Travel by a Noncitizen to the United States.

See USCIS Temporary Protected Status (TPS) Webinar Questions and Answers, Aug. 25, 2021, available at:

https://www.uscis.gov/sites/default/files/document/questions-and-

answers/Temporary_Protected_Status_TPS_Webinar_Questions_and_Answers.pdf

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated July 2023 11

for specific guidance and applicants will need to coordinate with their Designated School

Official.

Does TPS lead to a path to permanent residence?

No, a grant of TPS does not put anyone on a path to lawful permanent resident status.

However, some TPS holders may be independently eligible to adjust status through a family-

based, employment-based, or other avenue. For an in-depth discussion, see CLINIC’s Practice

Advisory on “Adjustment Options for TPS Beneficiaries.”

DENIALS

What if a TPS application is denied?

The USCIS Administrative Appeals Office (AAO) may review the denial of an application for TPS

unless the basis for the denial is an unwaivable ground of inadmissibility or deportability that

disqualifies the applicant from TPS eligibility. In that case, 8 CFR § 244.10(a)(1) requires USCIS

to issue an NTA with the denial and there is no right to appeal. Those applicants have the right

to a de novo determination of TPS eligibility in removal proceedings or before the BIA. See INA

§244(b)(5)(B), 8 CFR § 244.11. TPS-related employment authorization is extended during the

pendency of removal proceedings or administrative appeal. 8 CFR § 244.12(d). Note that the

filing of an NTA does not preclude the applicant from filing a motion to reopen or reconsider

with USCIS.

OTHER RESOURCES

Where can I find additional information about TPS?

• INA § 244

• 8 CFR § 244

• Federal Register Notices for TPS-designated countries, available on USCIS TPS

webpage

• Instructions to Forms I-821 and I-765

• Notes and slides from USCIS public engagements on TPS, available on the USCIS

Electronic Reading Room