Can You Travel on TPS? Your Guide to Traveling with Temporary Protected Status

Navigating the complexities of immigration law can be daunting, especially when it comes to travel. If you’re in the United States with Temporary Protected Status (TPS) and wondering, “Can You Travel On Tps?”, SIXT.VN is here to provide clarity. Yes, traveling on TPS is possible, but it requires careful planning and adherence to specific procedures. We offer convenient and reliable travel solutions, ensuring a smooth and stress-free experience. From airport transfers to hotel bookings, SIXT.VN is your trusted partner for exploring Vietnam. Let’s delve into the details, ensuring you understand your rights and responsibilities while maintaining your TPS status. We’ll cover everything from eligibility requirements to necessary forms and potential risks, empowering you to make informed decisions about international travel.

1. What Exactly Is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary immigration benefit provided to eligible nationals of designated countries (or parts of countries) who are already present in the United States. It allows them to live and work in the U.S. for a specific period. According to the U.S. Citizenship and Immigration Services (USCIS), the Secretary of Homeland Security may designate a country for TPS due to conditions that prevent its nationals from returning safely.

1.1. What Conditions Qualify a Country for TPS Designation?

The Secretary of Homeland Security can designate a country for TPS based on the following temporary conditions:

• Ongoing Armed Conflict: Such as civil war, which makes it unsafe for nationals to return.
• Environmental Disaster: Like earthquakes or hurricanes, that render the country uninhabitable.
• Epidemic: A widespread disease outbreak that the country is unable to manage.
• Other Extraordinary and Temporary Conditions: Circumstances that prevent the safe return of nationals.

1.2. What Benefits Does TPS Offer?

During the designated period, TPS beneficiaries receive several protections and benefits:

• Protection from Removal: TPS holders 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: TPS beneficiaries may be granted permission to travel outside the United States.
• Protection from Detention: TPS holders cannot be detained by DHS based solely on their immigration status.

1.3. What Are the Limitations of TPS?

It’s important to understand that TPS is a temporary benefit and does not lead to lawful permanent resident status (a Green Card) or any other permanent immigration status. However, holding TPS does not prevent you 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 you may be eligible, such as asylum.

1.4. Does Applying for TPS Affect Other Immigration Applications?

No, applying for TPS does not affect applications for asylum or other immigration benefits, and vice versa. However, any grounds for denial of another application may also lead to denial of TPS.

2. Am I Eligible to Travel on TPS?

To determine if you can travel on TPS, you must meet specific eligibility requirements set by USCIS. Understanding these requirements is crucial before planning any international travel.

2.1. What Are the Basic Eligibility Requirements for TPS?

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.

USCIS provides an exception to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States. You must inform USCIS of all absences when applying or re-registering for TPS.

2.2. What Factors Disqualify Me from TPS?

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 terrorist activity.
• Fail to meet the continuous physical presence and continuous residence requirements in the United States.
• Fail to meet initial or late initial TPS registration requirements.
• Fail to re-register for TPS, as required, without good cause.

2.3. How Does USCIS Determine Continuous Physical Presence and Residence?

USCIS considers factors such as employment records, rent receipts, utility bills, school records, hospital records, and attestations from credible organizations to determine continuous residence. Brief, casual, and innocent departures from the U.S. may be excused, but you must provide detailed information about all absences when applying for or renewing TPS.

2.4. What Happens if I Don’t Meet the Eligibility Requirements?

If you do not meet the eligibility requirements for TPS, your application may be denied, and you may be subject to deportation from the United States. It is essential to consult with an immigration attorney to assess your eligibility and explore other potential immigration options.

3. How Do I Obtain Travel Authorization on TPS?

If you have TPS and wish to travel outside the United States, you must apply for and obtain travel authorization from USCIS. This process involves specific forms, evidence, and adherence to USCIS guidelines.

3.1. What Is Travel Authorization?

Travel authorization is an official permission from USCIS that allows you to leave and re-enter the United States while maintaining your TPS status. Without this authorization, leaving the U.S. could jeopardize your TPS.

3.2. What Form Do I Need to File?

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 for TPS holders.

3.3. Where Do I Send the Form I-131?

The filing location for Form I-131 depends on whether you are filing it together with Form I-821 (Application for Temporary Protected Status).

• Filing with Form I-821: Send both forms to the address listed for your country’s TPS designation.
• Filing Separately: Check the Direct Filing Addresses for Form I-131 page for the appropriate address.

3.4. What Happens After I File Form I-131?

After filing Form I-131, USCIS will review your application and may request additional evidence or information. If approved, you will receive one of the following:

• Form I-512T, Authorization for Travel by an Alien to the United States: Issued if you already have TPS.
• Form I-512L, Advance Parole Document: Issued if your TPS application is still pending.

3.5. What Should I Do When I Return to the U.S.?

Upon your return to the United States, present your travel document (Form I-512T or Form I-512L) to a U.S. Customs and Border Protection (CBP) officer. If the officer determines you are eligible, you will be admitted back into the U.S. in TPS status.

3.6. Can I Request Expedited Processing of My Travel Authorization?

Yes, if you have an emergency need to travel abroad for humanitarian reasons, you may request expedited processing of your Form I-131 after you have appeared at an Application Support Center (ASC) for your biometrics appointment.

4. What Evidence Should I Include with My Travel Authorization Application?

When applying for travel authorization on TPS, it’s crucial to provide sufficient evidence to support your request. This evidence helps USCIS assess your eligibility and the necessity of your travel.

4.1. What Documents Should I Include?

You should include the following documents with your Form I-131:

• A copy of your TPS approval notice (Form I-797).
• A copy of your Employment Authorization Document (EAD).
• Evidence of the humanitarian reason for your travel (if applicable).
• Any other documentation that supports your need to travel.

4.2. What If I Am Traveling for Humanitarian Reasons?

If you are traveling for humanitarian reasons, such as to visit a sick relative or attend a funeral, provide evidence such as:

• Medical records or letters from doctors.
• Death certificates.
• Letters from family members explaining the situation.

4.3. What If I Have a Pending TPS Application?

If you have a pending TPS application, you can still apply for travel authorization. Include a copy of your Form I-797C, Notice of Action, showing that USCIS has received your TPS application.

4.4. Do I Need to Provide Translated Documents?

Yes, any document that is not in English must be accompanied by a complete English translation. The translator must certify that they are competent in both English and the foreign language and that the translation is accurate.

4.5. What If I Have Absences from the U.S.?

Inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case. Provide any evidence that supports your claim that these absences were brief, casual, and innocent.

5. What Are the Risks of Traveling on TPS Without Authorization?

Traveling outside the United States without obtaining proper travel authorization while on TPS can have serious consequences. Understanding these risks is crucial to avoid jeopardizing your TPS status and ability to re-enter the U.S.

5.1. Can I Lose My TPS Status If I Travel Without Authorization?

Yes, if you have TPS and leave the United States without first obtaining TPS travel authorization, you may lose your TPS status. According to USCIS, you may not be able to re-enter the United States.

5.2. What Happens If My TPS Application Is Pending?

If you have a pending TPS application and leave the United States without first obtaining advance parole, USCIS may deny your application for TPS. You may also not be able to re-enter the United States.

5.3. What If I Miss Important Notices from USCIS?

If USCIS is still adjudicating your TPS application, you may miss important notices, such as Requests for Additional Evidence (RFEs), while you are outside the United States. Failure to respond to these requests can result in the denial of your application.

5.4. Can I Seek Legal Advice Before Traveling?

Yes, it is highly recommended to seek legal advice from an experienced immigration attorney before requesting TPS travel authorization or advance parole for travel. An attorney can assess your specific situation and advise you on the potential risks and benefits of traveling.

5.5. What Is the Travel Warning on Form I-131?

USCIS encourages you to read and understand the travel warning on Form I-131 before you request TPS travel authorization or advance parole for travel. This warning outlines the potential risks and consequences of traveling without proper authorization.

6. Can I Re-Register for TPS While Outside the U.S.?

Maintaining your TPS status requires re-registering during each re-registration period. If you are outside the United States during a re-registration period, it’s crucial to understand how to comply with USCIS requirements.

6.1. How Do I Re-Register for TPS?

To re-register for TPS, you must file Form I-821, Application for Temporary Protected Status and Form I-765, Application for Employment Authorization (if you want an EAD). Follow the instructions provided by USCIS for re-registration.

6.2. What If I Am Outside the U.S. During the Re-Registration Period?

If you are outside the U.S. during the re-registration period, you may still be able to re-register for TPS. You must demonstrate that you meet the eligibility requirements and have a valid reason for being outside the country.

6.3. How Do I File Late?

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 that explains your reason for filing late with your re-registration application.

6.4. What Happens If I File Late?

If you file your TPS re-registration application late, processing may be delayed, and you may experience gaps in your work authorization. It’s important to file as soon as possible and provide a detailed explanation for the delay.

6.5. Do I Need to Be Physically Present in the U.S. to Re-Register?

While it’s generally expected that you are physically present in the U.S. to re-register for TPS, USCIS may consider extenuating circumstances if you are temporarily outside the country. Consult with an immigration attorney to understand your options and ensure compliance with USCIS requirements.

7. What Are the Steps in the TPS Application Process?

Navigating the TPS application process can be complex. Here is a step-by-step guide to help you understand the process and ensure you meet all requirements.

7.1. Step 1: File Your Application

Prepare your TPS package with the necessary forms (Form I-821 and Form I-765, if applicable), evidence, and filing fees (or a request for a fee waiver). Make sure you sign your application and include the correct fee amount. Send it to the address indicated on your TPS country page.

7.2. Step 2: USCIS Receives Your Application

USCIS will review your application for completeness and the proper fees. If your case meets the basic acceptance criteria, your application will be entered into their system, and you will receive a receipt notice. This notice includes a receipt number that you can use to check the status of your case online. If you do not receive your receipt notice within three weeks, contact the USCIS Contact Center at 1-800-375-5283 for assistance.

7.3. Step 3: USCIS Contacts You

If USCIS needs to collect your photograph, signature, and/or fingerprints (biometrics), you will receive an appointment notice to have your biometrics captured at an Application Support Center (ASC). All TPS applicants over 14 years old must have their biometrics collected.

7.4. Step 4: Go to the ASC

When you report to an ASC, bring:

1. Evidence of nationality and identity with a photograph of you, such as a passport.
2. Your receipt notice.
3. Your ASC appointment notice.
4. Your current EAD, if you already have one.

If you cannot make your scheduled appointment, reschedule it by mailing the original notice with your rescheduling request to the ASC address listed on the notice.

7.5. Step 5: USCIS Determines Work Eligibility

If you are applying for TPS for the first time and seeking an EAD, USCIS will review your case to determine whether you are eligible to work before making a final decision on your TPS application. If you are found to be eligible upon initial review (prima facie eligible), you will receive an EAD. If you are re-registering for TPS and seeking an EAD, you will receive your new EAD when your entire TPS package is adjudicated.

7.6. Step 6: USCIS Adjudicates the Application

During this phase, USCIS may ask you for additional documents to establish your eligibility for TPS. Respond immediately to any Request for Evidence (RFE) or Notice of Intent to Deny to avoid processing delays and possible denial.

7.7. Step 7: USCIS Approves or Denies the Application

If your application is approved, USCIS will send you an approval notice and an EAD, if you requested one. If your application is denied, USCIS will send you a letter indicating the reason for the denial and provide you with the opportunity to appeal the denial.

8. What Are the Fees Associated with TPS?

Understanding the fees associated with TPS applications is essential for planning your budget and ensuring your application is processed smoothly.

8.1. What Are the Fees for Form I-821?

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.

8.2. What Are the Fees for Form I-765?

There is a fee for Form I-765 if you are requesting an Employment Authorization Document (EAD). The fee may vary, so check the USCIS Fee Schedule for the most current information.

8.3. What Are the Fees for Form I-131?

There is a fee for Form I-131 when applying for travel authorization. Check the USCIS Fee Schedule for the most current fee amount.

8.4. Can I Request a Fee Waiver?

Yes, if you cannot afford the costs associated with the TPS filing, you can request a fee waiver by submitting Form I-912, Application for Fee Waiver or another written request. For more information about filing a fee waiver request, visit the USCIS website.

8.5. What Happens If My Fee Waiver Is Denied?

If you are filing an initial application and USCIS denies your fee waiver request, you may re-file and pay the correct fees either before the registration deadline or within 45 days of the date on the fee waiver denial notice, whichever is later.

9. How Can SIXT.VN Help with Your Travel Needs?

SIXT.VN offers a range of services tailored to meet the needs of travelers, ensuring a seamless and enjoyable experience in Vietnam.

9.1. Airport Transfer Services

SIXT.VN provides reliable and convenient airport transfer services, ensuring you arrive at your destination safely and on time. Our professional drivers and comfortable vehicles make your journey stress-free.

9.2. Hotel Booking Assistance

We offer assistance with hotel bookings, providing a variety of options to suit your budget and preferences. Whether you’re looking for a luxury hotel or a budget-friendly option, SIXT.VN can help you find the perfect accommodation.

9.3. Tour Packages

Explore Vietnam with our curated tour packages. From historical sites to cultural experiences, our tours offer something for everyone. Let SIXT.VN handle the details, so you can focus on enjoying your trip.

9.4. Visa Support

Navigating visa requirements can be challenging. SIXT.VN provides support and guidance to help you understand and meet the necessary visa requirements for your travel.

9.5. Local Transportation

We offer a range of local transportation options, including car rentals and private transportation services. Explore Vietnam at your own pace with SIXT.VN.

10. Frequently Asked Questions (FAQs) About Traveling on TPS

Here are some frequently asked questions about traveling on TPS to help clarify any remaining uncertainties.

10.1. Can I travel to my home country while on TPS?

Yes, but only with prior authorization from USCIS. You must apply for and receive travel authorization (advance parole) before leaving the United States.

10.2. How long is travel authorization valid for?

The validity period for travel authorization varies. Check the expiration date on your Form I-512T or Form I-512L.

10.3. What happens if my TPS status expires while I am outside the U.S.?

If your TPS status expires while you are outside the U.S., you may not be able to re-enter the country. Ensure you re-register for TPS before leaving or while you are abroad if possible.

10.4. Can I travel to other countries besides my home country while on TPS?

Yes, with travel authorization, you can travel to other countries. However, USCIS primarily grants travel authorization for humanitarian reasons or for travel to your home country.

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

Processing times for Form I-131 can vary. It is advisable to apply well in advance of your planned travel date.

10.6. Can I expedite my travel authorization request?

Yes, you can request expedited processing if you have an emergency humanitarian reason for travel. Provide supporting documentation with your request.

10.7. What should I do if I am stopped at the border when returning to the U.S.?

Present your valid travel document (Form I-512T or Form I-512L) and any other relevant documentation to the CBP officer. Answer their questions honestly and remain calm.

10.8. Can a denial of another immigration benefit affect my ability to get travel authorization?

Yes, the grounds for denial of another immigration benefit may also lead to the denial of travel authorization.

10.9. Should I consult an attorney before applying for travel authorization?

Yes, consulting with an experienced immigration attorney is highly recommended to understand your rights and obligations.

10.10. Where can I find more information about TPS and travel authorization?

Visit the USCIS website or consult with an accredited legal representative for the most up-to-date information and guidance.

Alt: US Citizen and Immigration Services (USCIS) building signifying the authority that grants and oversees Temporary Protected Status (TPS)

Conclusion: Navigating Travel on TPS with Confidence

Traveling on TPS requires careful planning and adherence to USCIS guidelines. By understanding the eligibility requirements, application process, and potential risks, you can navigate your travel with confidence. SIXT.VN is here to support your journey, providing reliable services and expert assistance every step of the way. Whether you need airport transfers, hotel bookings, or tour packages, we are committed to making your travel experience seamless and enjoyable.

Don’t let the complexities of immigration law hold you back from exploring the world. Contact SIXT.VN today to learn more about our services and how we can help you travel with peace of mind. Your dream vacation awaits!

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