Temporary Protected Status Application

Form I-821 is the application to obtain Temporary Protected Status (TPS). TPS, born out of the Immigration Act of 1990, was created to allow visiting nationals the ability to temporarily extend their stay in the United States if it is unsafe for them to return home. The Department of Homeland Security designates which countries are eligible for TPS and the duration of eligibility. TPS may be designated to a country under circumstances of warfare, environmental disaster, epidemic, or other extreme conditions.

Successful acceptance of Form I-821 qualifies you to apply for a temporary employment via form I-765

In order to qualify for Temporary Protected Status you must meet the following requirements:

• Be a national of a TPS country or, if you have no nationality, have last habitually resided in TPS country.
• File Form I-821 during the designated filing period or be granted permission to file late and file during any extension of your country’s TPS designation.
• Having been continuously physically present* or been continuously residing** in the United States since the starting date of your country’s designation.

*Continuously physically present means you have physically been living within the borders of the United States without leaving for any period of time or for any reason.

**Continuous residence allows for an exception to the continuous physical presence requirement for “brief, casual and innocent departures from the United States.”