Can I Travel With TPS Status? Your Comprehensive Guide

Navigating travel with Temporary Protected Status (TPS) can be complex, but SIXT.VN is here to provide clarity. Yes, you can travel with TPS status, but it requires careful planning and adherence to specific guidelines. SIXT.VN offers expert travel advice and support to ensure a smooth and compliant journey, blending cultural exploration with essential travel logistics. By understanding the process and utilizing trusted services, you can enjoy exploring Vietnam’s rich heritage and stunning landscapes while maintaining your protected status. Let SIXT.VN be your trusted companion in navigating your travel needs.

1. What Is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary immigration benefit provided by the U.S. government to eligible nationals of designated countries (or parts of countries), who are already in the United States and are unable to return safely due to conditions in their home country. According to the USCIS, TPS offers temporary refuge and work authorization to those fleeing armed conflict, environmental disasters, or other extraordinary conditions. TPS is a crucial lifeline for many, providing safety and stability during times of crisis.

1.1. Key Conditions for TPS Designation

The Secretary of Homeland Security designates a country for TPS due to temporary conditions that prevent nationals from returning safely. These conditions typically include:

• Ongoing Armed Conflict: Civil wars or other armed conflicts that pose a serious threat to personal safety.
• Environmental Disasters: Natural disasters like earthquakes, hurricanes, or epidemics that devastate the country.
• Extraordinary and Temporary Conditions: Other circumstances that prevent the safe return of nationals.

These conditions must be temporary, meaning the designation is not intended to be a permanent solution. The goal is to provide a safe haven until conditions in the home country improve.

1.2. Rights and Benefits of TPS Beneficiaries

During the designated period, individuals with TPS status or those preliminarily eligible receive several key benefits:

• Protection from Removal: They cannot be deported from the United States.
• Employment Authorization: They can obtain an Employment Authorization Document (EAD) to work legally in the U.S.
• Travel Authorization: They may be granted permission to travel outside the U.S.

Additionally, DHS cannot detain individuals based solely on their immigration status once TPS is granted.

1.3. Limitations of TPS

It’s important to note that TPS is a temporary benefit and does not lead to lawful permanent resident status (Green Card) or any other permanent immigration status. However, holding TPS does not prevent individuals from:

• Applying for nonimmigrant status.
• Filing for adjustment of status based on an immigrant petition.
• Applying for any other immigration benefit or protection for which they may be eligible.

To be granted any other immigration benefit, applicants must still meet all eligibility requirements for that particular benefit. Applying for TPS does not affect an application for asylum or any other immigration benefit, and vice versa. However, denial of another application may impact TPS eligibility if the grounds for denial also apply to TPS.

1.4. Current Countries Designated for TPS

As of the latest updates, countries designated for TPS vary based on ongoing conditions and DHS assessments. For the most up-to-date list and specific information, refer to the USCIS website.

2. Can You Travel Internationally With TPS?

Yes, traveling internationally with TPS is possible, but it requires obtaining advance permission from USCIS. According to the USCIS, traveling outside the U.S. without prior authorization can jeopardize your TPS status and your ability to return. SIXT.VN strongly advises to follow the correct procedures for safe travel.

2.1. The Importance of Travel Authorization

If you have TPS and wish to travel outside the United States, you must apply for travel authorization. If USCIS approves your request, you will be issued a Form I-512T, Authorization for Travel by an Alien to the United States. This document serves as evidence of DHS’s prior consent to your travel.

2.2. Consequences of Unauthorized Travel

Leaving the U.S. without obtaining travel authorization can have severe consequences:

• Loss of TPS: You may lose your TPS status.
• Inability to Reenter: You may not be allowed to reenter the United States.

2.3. Travel Authorization vs. Advance Parole

It’s important to distinguish between travel authorization for TPS holders and advance parole, which is typically used for individuals with pending applications. If your TPS application is still being adjudicated and you wish to travel, you must apply for advance parole using Form I-131. If approved, you will receive a Form I-512L, Advance Parole Document.

2.4. Applying for Travel Authorization: Step-by-Step Guide

Here’s a detailed guide on how to apply for travel authorization:

1. File Form I-131: Complete and submit Form I-131, Application for Travel Document, Parole Document, and Arrival/Departure Record.
2. Include Required Documentation: Provide all necessary documentation, including a copy of your TPS approval notice, evidence of the need to travel (humanitarian, educational, or employment-related), and any other supporting documents.
3. Pay the Fee: Pay the required filing fee, unless you qualify for a fee waiver.
4. Submit to the Correct Address: Send your application to the address specified by USCIS, which may vary depending on your location and the basis for your application.
5. Attend Biometrics Appointment (if required): USCIS may require you to attend a biometrics appointment to collect your fingerprints, photograph, and signature.
6. Receive Form I-512T: If approved, you will receive Form I-512T, which authorizes your travel.

2.5. Travel Tips for TPS Holders

To ensure a smooth travel experience, consider the following tips:

• Apply Well in Advance: Processing times for travel authorization can vary. Apply as early as possible to avoid delays.
• Carry All Necessary Documents: When traveling, carry your Form I-512T, TPS approval notice, EAD, passport, and any other relevant immigration documents.
• Understand the Travel Warning: Read and understand the travel warning on Form I-131 before requesting travel authorization.
• Seek Legal Advice: Consult with an immigration attorney before traveling to understand the potential risks and ensure compliance with all requirements.

3. What Are the Eligibility Requirements for TPS?

To be eligible for TPS, you must meet specific requirements at the time of initial registration and throughout your time in TPS status. Understanding these requirements is essential for maintaining your protected status.

3.1. Basic Eligibility Criteria

To be eligible for TPS, you must:

• Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country.
• File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation.
• Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country.
• Have been continuously residing (CR) in the United States since the date specified for your country.

3.2. Continuous Physical Presence (CPP) and Continuous Residence (CR)

The law allows exceptions to the CPP and CR requirements for brief, casual, and innocent departures from the United States. When applying or re-registering for TPS, you must inform USCIS of all absences since the CPP and CR dates. USCIS will determine whether the exception applies in your case.

3.3. Ineligibility Factors

You may NOT be eligible for TPS or to maintain your existing TPS if you:

• Have been convicted of any felony or two or more misdemeanors committed in the United States.
• Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds.
• Are subject to any of the mandatory bars to asylum, such as participating in the persecution of another individual or engaging in or inciting terrorist activity.
• Fail to meet the continuous physical presence and continuous residence requirements.
• Fail to meet initial or late initial TPS registration requirements.
• If granted TPS, you fail to re-register for TPS as required, without good cause.

3.4. Meeting the Continuous Residence Requirement

According to the USCIS, maintaining continuous residence in the U.S. is crucial for TPS eligibility. To demonstrate this, you can provide documents such as:

• Employment records
• Rent receipts
• Utility bills
• School records
• Hospital or medical records
• Attestations from church, union, or other organization officials

3.5. Maintaining Eligibility After Approval

After being granted TPS, you must continue to meet all eligibility requirements and re-register during each re-registration period to maintain your benefits. Failure to do so can result in the loss of your TPS status.

4. What Documents Do You Need to File for TPS?

Filing for TPS requires submitting various forms and evidence to USCIS. Ensuring you have all the necessary documents is crucial for a successful application.

4.1. Required Forms

To register or re-register for TPS, you must file:

• Form I-821: Application for Temporary Protected Status.
• Form I-765: Request for Employment Authorization (if you want an EAD).
• Form I-601: Application for Waiver of Grounds of Inadmissibility (if applicable).

Eligible nationals of certain countries, or individuals without nationality who last habitually resided in those countries, can now file Form I-821 online. All applicants eligible to file for TPS under one of the current designations may file Form I-821 online.

4.2. Evidence of Identity and Nationality

You must provide evidence to demonstrate your identity and that you are a national of a country designated for TPS. Acceptable documents include:

• A copy of your passport.
• A copy of your birth certificate, accompanied by photo identification.
• Any national identity document bearing your photograph and/or fingerprint issued by your country, such as a national ID card or naturalization certificate.

If you do not have primary evidence, you must submit an affidavit explaining your unsuccessful efforts to obtain such documents and affirming that you are a national of your country.

4.3. Evidence of Date of Entry

You must provide evidence to demonstrate when you entered the United States, such as:

• A copy of your passport.
• I-94 Arrival/Departure Record.
• Copies of documents specified in the “Continuous Residence (CR) Evidence” section.

4.4. Evidence of Continuous Residence (CR)

To demonstrate that you have been in the United States since the CR date specified for your country, you can provide:

• Employment records.
• Rent receipts, utility bills, receipts, or letters from companies.
• School records from the schools that you or your children have attended in the U.S.
• Hospital or medical records concerning treatment or hospitalization of you or your children.
• Attestations by church, union, or other organization officials who know you and where you have been residing.

4.5. Translation Requirements

Any document that is not in English must be accompanied by a complete English translation. The translator must certify that:

• He or she is competent in both English and the foreign language used in the original document.
• The translation is true and correct to the best of his or her ability, knowledge, and belief.

4.6. Fee Requirements and Fee Waivers

There is a fee for Form I-821 if you are registering for TPS for the first time. There is no fee for Form I-821 if you are re-registering for TPS. Other related fees vary depending on whether you want an EAD and if you need to request a waiver of grounds of inadmissibility. If you cannot afford the costs associated with the TPS filing, you can include a fee waiver request on Form I-912, Application for Fee Waiver.

5. How to Apply for Travel Authorization With TPS

Applying for travel authorization with TPS involves specific steps and considerations. This section provides a detailed guide to help you navigate the process.

5.1. When to Apply for Travel Authorization

It is crucial to apply for travel authorization well in advance of your planned travel dates. Processing times can vary, and you want to ensure you receive the necessary documentation before you leave the U.S.

5.2. Filing Form I-131

To apply for travel authorization, you must file Form I-131, Application for Travel Document. This form is used to request various travel documents, including advance parole and TPS travel authorization.

5.3. Required Documentation for Form I-131

When filing Form I-131, include the following documentation:

• A copy of your TPS approval notice.
• Evidence of the reason for your travel (e.g., humanitarian reasons, educational opportunities, employment-related travel).
• Copies of your passport and other identification documents.
• Any other supporting documents that demonstrate the need for travel authorization.

5.4. Where to File Form I-131

The filing location for Form I-131 depends on whether you are filing it together with Form I-821 or separately. If filing together, send your forms to the address listed for your country on the USCIS website. If filing separately, check the Direct Filing Addresses for Form I-131 page on the USCIS website.

5.5. Receiving Form I-512T

If your application is approved, you will receive Form I-512T, Authorization for Travel by an Alien to the United States. This document allows you to travel outside the U.S. and reenter upon your return, provided you meet all other eligibility requirements.

5.6. What Happens Upon Return to the U.S.?

Upon your return to the U.S., a CBP officer will review your Form I-512T and other documents to determine your eligibility for reentry. If the officer determines that you are eligible, you will be admitted into TPS.

5.7. Important Considerations for Travel

• Emergency Travel: If there is an emergency need for you to travel abroad for humanitarian reasons, you may request expedited processing on your advance parole application after you have appeared at an ASC for your biometrics appointment.
• Missed Notices: If you are outside the United States while your TPS application is being adjudicated, you may miss important USCIS notices. Ensure you have a reliable way to receive and respond to any requests from USCIS.
• Legal Advice: Seek legal advice before requesting TPS travel authorization to fully understand the potential risks and ensure compliance with all requirements.

6. What Are Common Reasons for TPS Travel Authorization Denial?

Understanding the common reasons for denial can help you avoid mistakes and increase your chances of approval.

6.1. Insufficient Evidence of Need to Travel

One of the most common reasons for denial is failing to provide sufficient evidence of the need to travel. USCIS requires documentation that clearly demonstrates the purpose and necessity of your trip.

6.2. Failure to Meet Eligibility Requirements

If you do not meet all the eligibility requirements for TPS, your travel authorization may be denied. This includes maintaining continuous residence and physical presence in the U.S., as well as not having any disqualifying criminal convictions or other factors.

6.3. Incorrectly Filed Forms

Submitting incorrectly filled forms or omitting required information can lead to denial. Ensure all forms are completed accurately and include all necessary documentation.

6.4. Outstanding Requests for Evidence (RFEs)

If USCIS has issued a Request for Evidence (RFE) and you have not responded, your application may be denied. It is crucial to respond to all RFEs promptly and thoroughly.

6.5. Security Concerns

USCIS may deny travel authorization if there are security concerns or if your travel is deemed to be contrary to U.S. interests.

6.6. How to Avoid Denial

• Provide Detailed Evidence: Include as much supporting documentation as possible to demonstrate the need for your travel.
• Review Forms Carefully: Double-check all forms for accuracy and completeness.
• Respond to RFEs Promptly: Respond to any RFEs as soon as possible and provide all requested information.
• Seek Legal Advice: Consult with an immigration attorney to ensure you meet all eligibility requirements and that your application is properly prepared.

7. What Happens if Your TPS Application Is Denied?

If your TPS application is denied, it’s essential to understand your options and take appropriate action.

7.1. Understanding the Denial Notice

If USCIS denies your application, you will receive a letter indicating the reason for the denial. It’s crucial to carefully review this notice to understand the specific reasons for the denial.

7.2. Options After Denial

Depending on the reason for the denial, you may have several options:

• Appeal the Decision: If you believe the denial was made in error, you may have the right to appeal to the USCIS Administrative Appeals Office (AAO).
• File a Motion to Reconsider: You can file a motion to reconsider with the Service Center that adjudicated your TPS application.
• Request Adjudication by an Immigration Judge: If you are placed in removal proceedings, you can request that the immigration judge adjudicate your TPS application.

7.3. Appealing to the AAO

If you choose to appeal to the AAO, you must file Form I-290B, Notice of Appeal or Motion, within 30 days of the denial notice. Include any additional evidence or legal arguments that support your case.

7.4. Filing a Motion to Reconsider

To file a motion to reconsider, you must submit new facts or legal arguments that USCIS did not previously consider. This motion must be filed within 30 days of the denial notice.

7.5. Seeking Review by an Immigration Judge

If you are in removal proceedings, you can request that the immigration judge review your TPS application. The judge will consider your application and any evidence you present.

7.6. The Importance of Legal Representation

If your TPS application is denied, it’s highly recommended to consult with an experienced immigration attorney. An attorney can review your case, explain your options, and represent you in any appeals or court proceedings.

8. Re-Registration for TPS: What You Need to Know

Maintaining TPS requires re-registering during each designated re-registration period. This section provides essential information about the re-registration process.

8.1. When to Re-Register

USCIS announces re-registration periods for each TPS-designated country. It’s crucial to monitor these announcements and re-register within the specified timeframe.

8.2. How to Re-Register

To re-register for TPS, you must file Form I-821 and Form I-765 (if you want an EAD) with USCIS. Follow the instructions provided by USCIS for your specific country.

8.3. Required Documentation for Re-Registration

When re-registering, include the following documentation:

• A copy of your previous TPS approval notice.
• A copy of your EAD (if applicable).
• Any updated information or documents that demonstrate your continued eligibility for TPS.

8.4. Late Re-Registration

USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period. You must submit a letter explaining your reason for filing late with your re-registration application.

8.5. Potential Consequences of Late Re-Registration

If you file your TPS re-registration application late, processing may be delayed, and you may experience gaps in your work authorization.

8.6. Ensuring Continuous TPS Status

To ensure continuous TPS status, re-register on time and continue to meet all eligibility requirements.

9. Automatic EAD Extensions for TPS Holders

USCIS sometimes provides automatic extensions of Employment Authorization Documents (EADs) for TPS holders. Understanding these extensions is crucial for maintaining your work authorization.

9.1. How Automatic EAD Extensions Work

USCIS may extend EADs through:

• Publication of a Federal Register notice extending the TPS designation of your country.
• Notification of extension, typically when USCIS sends you a Form I-797, Notice of Action.
• Automatic EAD extensions announced through temporary final rules.

9.2. Checking for Automatic EAD Extensions

To determine if your EAD has been automatically extended, check the USCIS website and Federal Register notices for announcements related to your country’s TPS designation.

9.3. Eligibility Requirements for Automatic EAD Extensions

To be eligible for an automatic EAD extension, you must typically:

• Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country.
• Have an EAD with a category code of A12 or C19.
• Meet any other requirements specified in the relevant Federal Register notice or USCIS announcement.

9.4. Showing Proof of Identity and Work Authorization

To show proof of identity and work authorization, you can present your expired EAD along with the relevant Federal Register notice or USCIS announcement.

9.5. Importance of Staying Informed

It’s crucial to stay informed about any automatic EAD extensions and to follow USCIS guidelines for maintaining your work authorization.

10. How Can SIXT.VN Help You Plan Your Trip to Vietnam?

SIXT.VN offers a range of services to make your trip to Vietnam smooth and enjoyable. Whether you need airport transfers, hotel bookings, or guided tours, we’ve got you covered.

10.1. Airport Transfer Services

SIXT.VN provides reliable and convenient airport transfer services to ensure you arrive at your destination safely and on time. Our professional drivers will meet you at the airport and take you directly to your hotel or other location.

10.2. Hotel Booking Assistance

We can help you find the perfect hotel to suit your needs and budget. We offer a wide range of options, from budget-friendly accommodations to luxury hotels.

10.3. Guided Tours of Hanoi

Explore the rich history and culture of Hanoi with our guided tours. Our experienced guides will take you to the city’s top attractions and provide insights into Vietnamese culture and traditions.

10.4. Assistance With Visa and Immigration Matters

While we are not legal experts, we can provide general information and resources to help you navigate visa and immigration matters related to your trip to Vietnam.

10.5. Emergency Support During Your Trip

SIXT.VN offers 24/7 emergency support to assist you with any issues that may arise during your trip. Whether you need medical assistance, translation services, or help with lost documents, we’re here to help.

10.6. Contact Information

For more information about our services, please contact us:

• Address: 260 Cau Giay, Hanoi, Vietnam
• Hotline/Whatsapp: +84 986 244 358
• Website: SIXT.VN

FAQ: Traveling With TPS Status

1. Can I travel outside the U.S. with TPS?

Yes, but you must obtain travel authorization from USCIS before leaving the U.S.

2. What form do I need to file to get travel authorization?

You need to file Form I-131, Application for Travel Document.

3. What happens if I leave the U.S. without travel authorization?

You may lose your TPS status and may not be allowed to reenter the U.S.

4. How long does it take to get travel authorization?

Processing times can vary, so it’s best to apply well in advance of your planned travel dates.

5. What documents do I need to include with my Form I-131?

Include a copy of your TPS approval notice, evidence of the reason for your travel, and copies of your passport and other identification documents.

6. Can my TPS application be denied if I have a criminal record?

Yes, you may not be eligible for TPS if you have been convicted of any felony or two or more misdemeanors.

7. Do I need to re-register for TPS every year?

Yes, you must re-register during each designated re-registration period to maintain your TPS status.

8. What if I miss the re-registration deadline?

USCIS may accept a late re-registration application if you have good cause for filing late.

9. Can SIXT.VN help me plan my trip to Vietnam?

Yes, SIXT.VN offers airport transfer services, hotel booking assistance, guided tours of Hanoi, and emergency support during your trip.

10. How can I contact SIXT.VN?

You can contact us at Address: 260 Cau Giay, Hanoi, Vietnam, Hotline/Whatsapp: +84 986 244 358, or visit our website at SIXT.VN.

Planning a trip with TPS status requires careful preparation and adherence to specific guidelines. SIXT.VN is dedicated to providing reliable and comprehensive travel assistance to ensure your journey is smooth and enjoyable. By understanding the requirements and utilizing our services, you can confidently explore Vietnam while maintaining your protected status. Contact SIXT.VN today to start planning your adventure!