Temporary Protected Status (TPS) offers vital protection and opportunities for individuals from designated countries residing in the United States. At SIXT.VN, we understand the complexities of immigration law and how it intersects with travel plans. This guide clarifies whether you can travel to the Dominican Republic with TPS and what you need to consider. Our team at SIXT.VN provides personalized travel assistance, airport transfers, hotel booking and comprehensive tour packages tailored to your needs, ensuring a smooth and secure experience in Vietnam. With SIXT.VN, explore Vietnam worry-free.
Contents
- 1. What is Temporary Protected Status (TPS)?
- 2. What Benefits Does TPS Provide?
- 3. Does TPS Lead to Permanent Residency?
- 4. Who is Eligible for TPS?
- 5. Who is Ineligible for TPS?
- 6. What Documents Do I Need to File for TPS?
- 7. What Types of Evidence Can I Provide?
- 8. What Fees Are Associated with TPS?
- 9. Can I Request a Fee Waiver?
- 10. How Do I Apply for TPS?
- 11. Can I Travel Outside the U.S. with TPS?
- 12. Will I Be Able to Re-Enter the U.S. with TPS Travel Authorization?
- 13. What If My TPS Application Is Pending?
- 14. What Happens If I Leave the U.S. Without Travel Authorization?
- 15. What If I Miss Important Notices While Traveling?
- 16. What Do I Need to Know About Traveling to the Dominican Republic?
- 17. What are the General Travel Requirements for the Dominican Republic?
- 18. What Steps Should I Take Before Traveling to the Dominican Republic with TPS?
- 19. How Can an Immigration Attorney Help Me?
- 20. What Should I Do If My Address Changes?
- 21. What If TPS Was Granted by an Immigration Judge or the Board of Immigration Appeals?
- 22. What Are the Consequences of Failing to Re-Register for TPS?
- 23. Can I File for TPS Late?
- 24. Can I Appeal a TPS Denial?
- 25. What Other Immigration Options Are Available?
- 26. How Can I Avoid Immigration Scams?
- 27. What Are Some Common Mistakes to Avoid When Applying for TPS?
- 28. How Can SIXT.VN Assist with My Travel Needs?
- 29. How Do I Stay Informed About TPS Updates?
- 30. Frequently Asked Questions (FAQ)
1. What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a temporary immigration status provided to eligible nationals of designated countries (or parts of countries), who are already in the United States, due to conditions in their home country that make it unsafe for them to return.
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions such as:
- Ongoing armed conflict (like civil war)
- Environmental disasters (like earthquakes or hurricanes)
- Epidemics
- Other extraordinary and temporary conditions
2. What Benefits Does TPS Provide?
TPS beneficiaries are granted several significant benefits during the designated period. These include:
- Protection from Removal: TPS holders cannot be deported from the United States.
- Employment Authorization: They are eligible to obtain an Employment Authorization Document (EAD), allowing them to work legally in the U.S.
- Travel Authorization: TPS beneficiaries may be granted permission to travel outside the United States under certain conditions.
Once granted TPS, an individual cannot be detained by DHS based on their immigration status in the United States.
3. Does TPS Lead to Permanent Residency?
No, TPS is a temporary benefit and does not directly lead to lawful permanent resident status (a Green Card) or any other permanent immigration status. However, having 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
To be granted any other immigration benefit, you must still meet all the eligibility requirements for that particular benefit. Applying for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS.
4. Who is Eligible 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 for your country.
- Have been continuously residing (CR) in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States.
When you apply or re-register for TPS, you must 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.
5. Who is Ineligible for 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, including participating in the persecution of another individual or engaging in or inciting terrorist activity.
- Fail to meet the continuous physical presence and continuous residence in the United States 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.
6. What Documents Do I Need to File for TPS?
When filing your TPS application, you must include the necessary forms, evidence, fees, or fee waiver request. Check your country’s specific TPS page on the USCIS website to see if there are any special filing instructions specific to your TPS-designated country.
Forms:
- To register or re-register for TPS, file Form I-821, Application for Temporary Protected Status. 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.
- When filing an initial TPS application or re-registering for TPS, you can also request an employment authorization document (EAD) by submitting a completed Form I-765, Request for Employment Authorization, at the time of filing Form I-821. You may also file your Form I-765 request separately at a later date. Filing Form I-821 with Form I-765 may help you receive your EAD more promptly if you are eligible. You may also file Form I-765 online if filing concurrently with Form I-821 online.
- When you apply, if you are aware that a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS, please include a Form I-601, Application for Waiver of Grounds of Inadmissibility, with your TPS application package. However, you do not need to file a new Form I-601 for an incident that USCIS has already waived with a prior TPS application. USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest.
These forms are free and available on the forms section of the USCIS website at: www.uscis.gov/forms.
Evidence:
When filing an initial TPS application, you must submit:
- Identity and Nationality Evidence: to demonstrate your identity and that you are a national of a country designated for TPS (or that you have no nationality and you last habitually resided in a country designated for TPS).
- Date of Entry Evidence: to demonstrate when you entered the United States.
- Continuous Residence (CR) Evidence: to demonstrate that you have been in the United States since the CR date specified for your country (see your country’s TPS web page to the left).
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 both in English and the foreign language used in the original document; and
- The translation is true and correct to the best of his or her ability, knowledge, and belief.
7. What Types of Evidence Can I Provide?
Identity and Nationality Evidence
You are encouraged to submit primary evidence, if available. If USCIS does not find the document(s) you submit with your application to be sufficient, they will send you a request for additional evidence. If you cannot submit primary evidence of your identity and nationality, you may submit the secondary evidence listed below with your application.
The following table explains the different types of evidence you can provide.
Primary Evidence | – A copy of your passport; – A copy of your birth certificate, accompanied by photo identification; and/or – Any national identity document bearing your photograph and/or fingerprint issued by your country, including documents issued by your country’s Embassy or Consulate in the United States, such as a national ID card or naturalization certificate. |
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No Primary Evidence | If you do not have any of the primary evidence listed above, you must submit an affidavit with: – Proof of your unsuccessful efforts to obtain such documents; and – An explanation why the consular process for your country was unavailable to you, and affirming that you are a national of your country. USCIS may interview you regarding your identity and nationality. |
Secondary Evidence | – Nationality documentation, such as a naturalization certificate, even if it does not have your photograph and fingerprint; – Your baptismal certificate if it indicates your nationality or a parent’s nationality; – Copies of your school or medical records if they have information supporting your claim that you are a national from a country designated for TPS. |
You may also provide any other document or information that you believe helps prove your nationality.
PLEASE NOTE: Birth in a TPS-designated country does not always mean you are a national of that country. Please see your TPS-designated country’s nationality laws for further information.
Date of Entry Evidence
- A copy of your passport;
- I-94 Arrival/Departure Record; or
- Copies of documents specified in the “Continuous Residence (CR) Evidence” section below.
Continuous Residence (CR) Evidence
- 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; or
- Attestations by church, union or other organization officials who know you and where you have been residing.
Please see Form I-821 instructions for more details on acceptable evidence.
8. What Fees Are Associated with TPS?
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 for initial registrations and re-registrations vary depending on:
- If you want an EAD; and
- If you need to request a waiver of grounds of inadmissibility.
Please review the Form I-821 webpage carefully before applying, including the form instructions (PDF, 440.69 KB) and the Filing Fee section. This section explain what fees to pay and your payment options. Refer to the chart under Special Instructions for fee information. If you do not pay the appropriate fees (or submit a proper fee waiver request), USCIS will reject your application. You can also find the filing fees for TPS-related forms on the USCIS Fee Schedule page.
9. Can I Request a Fee Waiver?
If you cannot afford the costs associated with the TPS filing, make sure to include a fee waiver request on Form I-912, Application for Fee Waiver (or other written request). For more information about filing a fee waiver request, visit the webpages on Form I-912 and on Additional Information on Filing a Fee Waiver.
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.
If you are filing a re-registration application and USCIS denies your fee waiver request on or before the re-registration deadline, USCIS recommends that you re-file and pay the correct fees before the re-registration deadline. If you are unable to file before the re-registration deadline, you may still re-file after the deadline and this will be reviewed under good cause for late re-registration.
10. How Do I Apply for TPS?
To apply for TPS, follow these steps:
- File Your Application: Prepare your TPS package with the forms, evidence, and filing fees (or a request for a fee waiver). Send it to the address indicated on your TPS country page on the USCIS website. Make sure you sign your application and include the correct fee amount (or fee waiver request).
- USCIS Receives Your Application: USCIS will review your application for completeness and for the proper fees or a properly documented fee waiver request. If your case meets the basic acceptance criteria, your application will be entered into their system, and you will receive a receipt notice.
- USCIS Contacts You: If USCIS needs to collect your photograph, signature, and/or fingerprints (biometrics), they will send you an appointment notice to have your biometrics captured at an Application Support Center (ASC).
- Go to the ASC: When you report to an ASC, you must bring evidence of nationality and identity with a photograph of you, such as a passport, your receipt notice, your ASC appointment notice, and your current EAD, if you already have one.
- USCIS Determines Work Eligibility: If you are seeking an employment authorization document (EAD), USCIS will review your case to determine whether you are eligible to work before making a final decision on your TPS application.
- USCIS Adjudicates the Application: During this phase, USCIS may ask you for additional documents to establish your eligibility for TPS. Respond immediately to any requests for evidence (RFE) or notices of intent to deny to avoid processing delays and possible denial for failure to timely respond.
- USCIS Approves or Denies the Application: USCIS will notify you if your request for TPS is granted or denied. If one of the waivable grounds of inadmissibility applies to you, USCIS will give you an opportunity to submit a Form I-601, Application for Waiver of Grounds of Inadmissibility if you did not include this with your TPS package.
11. Can I Travel Outside the U.S. with TPS?
Yes, but with restrictions. If you have TPS and wish to travel outside the United States, you must apply for travel authorization by filing Form I-131, Application for Travel Document. If USCIS approves your request, you will be issued a Form I-512T, Authorization for Travel by an Alien to the United States, which serves as evidence of DHS’s prior consent to your travel outside the United States.
It is essential to apply for and receive this travel authorization before leaving the U.S. If you leave the United States without obtaining advance permission, you risk losing your TPS status and may be denied reentry into the country.
12. Will I Be Able to Re-Enter the U.S. with TPS Travel Authorization?
If a U.S. Customs and Border Protection (CBP) officer determines that you are eligible, they will admit you into TPS upon your return. Note that if you were previously granted parole, this admission will render you ineligible for a new period of parole.
13. What If My TPS Application Is Pending?
If your application for TPS is still being processed and you need to travel, you must apply for advance parole using Form I-131. If USCIS approves your request, you will receive Form I-512L, Advance Parole Document, which serves as evidence of DHS’s prior consent for your travel.
Leaving the U.S. without advance parole while your TPS application is pending could lead to the denial of your application and prevent your reentry into the United States.
14. What Happens If I Leave the U.S. Without Travel Authorization?
If you have TPS and leave the United States without first obtaining TPS travel authorization, you may lose TPS and you may not be able to reenter the United States. If you have a pending TPS application and leave the United States without first obtaining advance parole, USCIS may deny your application for TPS, and you may not be able to reenter the United States.
15. What If I Miss Important Notices While Traveling?
If USCIS is still adjudicating your TPS application, you may miss important USCIS notices, such as Requests for Additional Evidence, while you are outside the United States. If you do not respond to these requests, USCIS may deny your application.
It is recommended that you seek legal advice before you request TPS travel authorization or advance parole for travel.
16. What Do I Need to Know About Traveling to the Dominican Republic?
The ability to travel to the Dominican Republic with TPS depends on several factors:
- Your Nationality: TPS is granted based on your country of origin. If you are a national of a country designated for TPS and also hold citizenship or residency in the Dominican Republic, your travel may be more complex.
- Dominican Republic’s Entry Requirements: You must meet all entry requirements of the Dominican Republic, including passport validity, visa requirements (if applicable), and any health or COVID-19 related restrictions.
- Risk Assessment: Traveling to the Dominican Republic while holding TPS might raise questions about your intentions and the need for continued protection in the U.S.
17. What are the General Travel Requirements for the Dominican Republic?
Here are some general travel requirements for the Dominican Republic:
Requirement | Details |
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Passport Validity | Must be valid for the duration of your stay. |
Visa | Depending on your nationality, a visa may be required. Check the Dominican Republic embassy or consulate website for the most current information. |
Return Ticket | Proof of onward or return travel may be required. |
Health Requirements | Check for any required vaccinations or health declarations related to COVID-19 or other health concerns. |
Customs Regulations | Be aware of customs regulations regarding prohibited items and currency restrictions. |
18. What Steps Should I Take Before Traveling to the Dominican Republic with TPS?
- Consult an Immigration Attorney: Get legal advice to evaluate the potential risks and ensure you comply with all requirements.
- Obtain Travel Authorization: Apply for and receive travel authorization (Form I-131) from USCIS before planning your trip.
- Check Dominican Republic Entry Requirements: Verify the current entry requirements for your nationality with the Dominican Republic embassy or consulate.
- Gather Documentation: Carry all necessary documents, including your TPS approval notice, EAD, travel authorization, passport, and any required visas for the Dominican Republic.
- Be Prepared for Questions: Anticipate questions from immigration officials both when leaving and re-entering the United States.
19. How Can an Immigration Attorney Help Me?
An experienced immigration attorney can provide invaluable assistance by:
- Assessing your specific situation and the potential risks of traveling to the Dominican Republic with TPS.
- Ensuring you meet all legal requirements for travel authorization and reentry.
- Representing you in case of any issues or complications upon your return to the U.S.
20. What Should I Do If My Address Changes?
If your address changes after you file your application, you must notify USCIS immediately. For information about how to notify USCIS go to www.uscis.gov/addresschange.
21. What If TPS Was Granted by an Immigration Judge or the Board of Immigration Appeals?
If an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted you TPS, you must provide USCIS with proof of the TPS grant (such as a final order from the IJ or final decision from the BIA) when you file for your first TPS benefit (such as an EAD, travel authorization, or with your first TPS re-registration application filed with USCIS). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved.
See the table below for filing information based on the first TPS benefit you are requesting after an IJ or BIA granted you TPS.
If the first TPS benefit you are requesting is… | Then you must… | And… |
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Your first EAD, | File Form I-765 only with required fee(s) or fee waiver request. You must also submit a cover sheet that states “DO NOT REJECT – TPS GRANTED BY IJ/BIA.” | Send your Form I-765 to the mailing address on your country specific page to the left. |
Travel Authorization | File Form I-131 with required fee | Send your Form I-131 to the mailing address noted on the Direct Filing Addresses for Form I-131 page. |
Your first re-registration NOTE: Even if you were granted TPS by an IJ or the BIA, you must re-register with USCIS during each future extension period for your country. | File Form I-821 and Form I-765 with required fee(s) or a fee waiver request. See re-registration instructions above. | Send your TPS package to the mailing address on your country specific page to the left. |
22. What Are the Consequences of Failing to Re-Register for TPS?
Once you are granted TPS, you must re-register during each re-registration period to maintain your TPS benefits. Failing to re-register without good cause can result in the loss of your TPS status and associated benefits. If you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization.
23. Can I File for TPS Late?
Late Re-Registration for TPS
USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.
Late Initial Filing for TPS
You can apply for TPS for the first time during an extension of your country’s TPS designation period. If you qualify to file your initial TPS application late, you must still independently meet all the TPS eligibility requirements listed in the Eligibility section above.
To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below:
- During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition
- You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
- You 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
- You were a parolee or had a pending request for re-parole
- You are a spouse of an individual who is currently eligible for TPS
OR
- During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married. You may file during an extension of your TPS designated country.
24. Can I Appeal a TPS Denial?
If USCIS denies your application, you will be informed in the denial notice whether you have 30 days to appeal to the USCIS Administrative Appeals Office (AAO). If you do not have the right to appeal because you were placed in removal proceedings when your TPS application was denied by USCIS, you can request that the immigration judge adjudicate your TPS application.
You may also choose to file a motion to reconsider with the Service Center that adjudicated your TPS application by submitting:
If USCIS denies your TPS application, USCIS recommends that you consult with an accredited legal representative to determine whether you should pursue an appeal or motion. If you have been placed in removal proceedings, you may request that the immigration judge adjudicate your TPS application. If an immigration judge denies your request for TPS, you may file an appeal with the BIA.
25. What Other Immigration Options Are Available?
You might be eligible for other immigration options listed on the Explore My Options page.
To apply for a lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.
Being granted and maintaining TPS status until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one year filing deadline.
26. How Can I Avoid Immigration Scams?
Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website on the finding legal advice web page.
We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice.
27. What Are Some Common Mistakes to Avoid When Applying for TPS?
To ensure your TPS application is processed smoothly, avoid these common mistakes:
- Failing to Sign the Application: Make sure to sign all required forms.
- Incorrect Fee Amount: Always verify the correct fee amount before submitting your application.
- Incomplete Documentation: Provide all necessary evidence to support your claims.
- Missing Deadlines: File your application and re-registration on time.
- Not Responding to RFEs: Respond promptly to any requests for additional evidence from USCIS.
28. How Can SIXT.VN Assist with My Travel Needs?
At SIXT.VN, we understand the challenges and uncertainties that come with navigating immigration regulations while trying to maintain a normal life, including travel. While we do not provide legal advice, we can assist with various travel-related services to make your trips as smooth and stress-free as possible.
We offer:
- Airport Transfers: Reliable and comfortable airport transfer services in Hanoi to ensure you reach your destination safely and on time.
- Hotel Booking: Assistance with finding and booking accommodations that suit your needs and budget.
- Customized Tours: Tailored tour packages to help you explore the beauty and culture of Vietnam, with flexible itineraries to accommodate your schedule.
- Travel Advice: Up-to-date travel information and tips to help you plan your trips effectively.
We are committed to providing exceptional service and support to all our clients, including those with TPS status. Let us help you make your travel plans a reality.
29. How Do I Stay Informed About TPS Updates?
Staying informed about TPS updates is crucial. Here’s how you can do it:
- USCIS Website: Regularly check the USCIS website for official announcements and updates.
- Legal Counsel: Maintain contact with your immigration attorney for personalized advice and updates.
- Reputable News Sources: Follow reputable news outlets and immigration-focused organizations for reliable information.
30. Frequently Asked Questions (FAQ)
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Can I travel to the Dominican Republic if I have TPS from another country?
- Yes, but you must obtain advance travel authorization from USCIS and meet all entry requirements for the Dominican Republic.
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What form do I need to apply for travel authorization with TPS?
- You need to file Form I-131, Application for Travel Document.
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Will traveling to the Dominican Republic affect my TPS status?
- Traveling without advance authorization can jeopardize your TPS status. Always obtain the necessary permission before traveling.
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How long is travel authorization valid for?
- The validity period varies, so check the terms of your specific travel document.
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Can I work in the Dominican Republic with my U.S. Employment Authorization Document (EAD)?
- No, your U.S. EAD is only valid for employment in the United States.
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What if I have dual citizenship? Can I travel to my other country of citizenship without affecting my TPS?
- Consult an immigration attorney to assess the potential risks based on your specific circumstances.
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How soon before my trip should I apply for travel authorization?
- Apply well in advance, as processing times can vary. It’s best to apply several months before your planned travel date.
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What happens if my travel authorization is denied?
- You should consult with an immigration attorney to explore your options.
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Can SIXT.VN help me find legal assistance?
- While we do not provide legal advice, we can direct you to resources for finding qualified immigration attorneys.
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What documents should I carry when re-entering the U.S. with TPS travel authorization?
- Carry your passport, TPS approval notice, EAD, travel authorization document, and any other relevant immigration documents.
Navigating the complexities of TPS and travel can be challenging, but with the right information and assistance, you can make informed decisions and protect your status. SIXT.VN is here to support your travel needs with reliable and convenient services. Contact us today to plan your next adventure with confidence.
At SIXT.VN, we’re dedicated to providing you with the best travel solutions, whether it’s airport transfers, hotel bookings, or personalized tours. Let us take the stress out of your travel plans so you can focus on enjoying your journey. Contact us today to learn more about our services and how we can assist you!
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