Can I Travel With TPS? A Comprehensive Guide for 2024

Are you a Temporary Protected Status (TPS) beneficiary wondering if you can travel? Yes, you can travel with TPS, but it requires careful planning and adherence to specific procedures. SIXT.VN is here to guide you through the process, ensuring your travel plans align with your TPS status, offering travel authorization assistance, and relevant resources to help you explore travel opportunities, including assistance with travel documents.

1. What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary immigration benefit granted to eligible nationals of designated countries (or parts of countries) who are already in the United States. According to the U.S. Citizenship and Immigration Services (USCIS), the Secretary of Homeland Security may designate a foreign country for TPS due to conditions that temporarily prevent the country’s nationals from returning safely, or where the country is unable to handle the return of its nationals adequately.

1.1. Reasons for TPS Designation

The Secretary of Homeland Security may designate a country for TPS due to temporary conditions such as:

• Ongoing Armed Conflict: Civil wars or other armed conflicts that make it unsafe for nationals to return.
• Environmental Disaster: Natural disasters like earthquakes, hurricanes, or other environmental catastrophes. According to a report by the United Nations Office for Disaster Risk Reduction (UNDRR) in 2023, environmental disasters displaced millions globally, highlighting the need for temporary protection measures like TPS.
• Epidemic: Outbreaks of diseases that pose a significant health risk.
• Extraordinary and Temporary Conditions: Other temporary conditions that prevent the safe return of nationals.

1.2. Benefits of TPS

During the designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS receive several benefits:

• Protection from Removal: They are not removable from the United States.
• Employment Authorization: They can obtain an Employment Authorization Document (EAD).
• Travel Authorization: They may be granted travel authorization.

1.3. Important Considerations

It’s crucial to understand that TPS is a temporary benefit and does not lead to lawful permanent resident status or any other immigration status. However, registration for 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. An application 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.

2. Am I Eligible for TPS?

To be eligible for TPS, you must meet several requirements. These include nationality, timely filing, continuous physical presence, and continuous residence in the United States.

2.1. Basic Eligibility Requirements

• Nationality: You must be a national of a country designated for TPS or a person without nationality who last habitually resided in the designated country.
• Timely Filing: You must file during the open initial registration or re-registration period. If filing late, you must meet the requirements for late initial filing during any extension of your country’s TPS designation.
• Continuous Physical Presence (CPP): You must have been continuously physically present in the United States since the effective date of the most recent designation date of your country.
• Continuous Residence (CR): You must have been continuously residing in the United States since the date specified for your country. (See your country’s TPS web page on the USCIS website for specific dates).

2.2. Exceptions to CPP and CR Requirements

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.

2.3. Disqualifications for TPS

You may NOT be eligible for TPS or 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.
• 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.

3. How Can I Travel with TPS?

Traveling with TPS requires obtaining travel authorization from USCIS before you leave the United States. Here’s a detailed guide on how to do it.

3.1. Applying for Travel Authorization

If you have TPS and wish to travel outside the United States, you must apply for travel authorization. USCIS provides two primary forms for this purpose:

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

To apply for travel authorization, you must file Form I-131, Application for Travel Document. If you are filing Form I-131 together with Form I-821 (Application for Temporary Protected Status), send your forms to the address listed for your country on the USCIS website. If you are filing Form I-131 separately based on a pending or approved Form I-821, check the Direct Filing Addresses for Form I-131 page on the USCIS website.

3.2. Consequences of Unauthorized Travel

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

3.3. Important Considerations Before Traveling

While your application for TPS is being processed, remember that 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 highly recommended to read and understand the travel warning on Form I-131 before you request TPS travel authorization or advance parole for travel. Seeking legal advice before you request TPS travel authorization or advance parole for travel is also a good practice.

4. Step-by-Step Guide to Filing Form I-131 for TPS Travel Authorization

To successfully apply for travel authorization, follow these steps to complete and submit Form I-131.

4.1. Gathering Necessary Documents

Before you start filling out the form, gather all the necessary documents:

• A copy of your Form I-797, Approval or Receipt Notice for Form I-821 (TPS Application)
• A copy of your Employment Authorization Document (EAD), if you have one
• A copy of your passport or other travel document
• Two passport-style photos
• Evidence to support the reason for your travel (e.g., medical records, letters from family members)

4.2. Completing Form I-131

You can download Form I-131 from the USCIS website. Follow these steps to complete the form:

• Part 1. Information About You: Provide your full name, address, date of birth, and other personal information.
• Part 2. Application Type: Select “I am applying for an advance parole document to allow me to return to the United States after temporary travel abroad.”
• Part 3. Processing Information:
  • Question 1: Indicate where you want USCIS to send your advance parole document.
  • Question 2: Provide the dates you intend to travel.
  • Question 3: Explain the reason for your travel in detail. Include supporting documentation if available.
  • Question 4: Indicate the number of trips you intend to take.
• Part 4. Information About Your Last Arrival in the United States: Provide details about your last entry into the U.S., including the date, place, and your immigration status at the time.
• Part 5. Complete the remaining sections as required based on your situation.
• Part 6. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature: Read the statement carefully, sign, and date the form.

4.3. Paying the Fee

As of 2024, the filing fee for Form I-131 is $630. You can pay the fee with a money order, personal check, or cashier’s check made payable to the U.S. Department of Homeland Security. You can also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you cannot afford the filing fee, you can submit Form I-912, Request for Fee Waiver.

4.4. Submitting the Form

Mail your completed Form I-131, supporting documents, and fee payment (or fee waiver request) to the appropriate USCIS lockbox. The mailing address depends on the basis of your application, so check the Direct Filing Addresses for Form I-131 page on the USCIS website to find the correct address.

4.5. After Submission

After submitting your application, you will receive a receipt notice (Form I-797) from USCIS. This notice confirms that USCIS has received your application. You can check the status of your application online using the receipt number provided on the notice. If USCIS approves your application, you will receive an advance parole document (Form I-512L or Form I-512T), which you must carry with you when you travel.

5. Key Considerations for TPS Travel Authorization

Navigating the complexities of TPS travel authorization requires understanding several critical aspects.

5.1. Validity of Travel Authorization

The validity period of your travel authorization depends on the specific circumstances of your case. Typically, advance parole documents are issued for a single trip within a specified timeframe. Ensure you understand the expiration date of your document and plan your travel accordingly.

5.2. Re-Entry into the United States

Even with a valid travel authorization document, admission into the United States is not guaranteed. Upon your return, a U.S. Customs and Border Protection (CBP) officer will review your documents and determine your admissibility. Be prepared to answer questions about your trip and provide any additional information requested by the officer.

5.3. Potential Risks

Traveling with TPS carries certain risks. If your TPS status is terminated while you are abroad, you may not be able to re-enter the United States. Additionally, any interactions with law enforcement or immigration officials in other countries could potentially impact your TPS status.

5.4. Seeking Legal Advice

Given the complexities and potential risks involved in traveling with TPS, it is always advisable to seek legal advice from an experienced immigration attorney. An attorney can assess your specific situation, advise you on the best course of action, and represent you in any interactions with USCIS or other government agencies.

6. What to File for TPS?

To register or re-register for TPS, you must file specific forms and provide the necessary evidence.

6.1. Required Forms

• Form I-821, Application for Temporary Protected Status: This form is required to register or re-register for TPS. Eligible nationals of certain countries, or individuals without nationality who last habitually resided in those countries, can now file Form I-821 online.
• Form I-765, Request for Employment Authorization: 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 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.
• Form I-601, Application for Waiver of Grounds of Inadmissibility: 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 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.

6.2. Required 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.

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.

6.3. Types of Evidence

Identity and Nationality Evidence

Date of Entry Evidence

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

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
• Attestations by church, union, or other organization officials who know you and where you have been residing.

6.4. Fees and Fee Waiver

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.

If you cannot afford the costs associated with the TPS filing, please make sure to include a fee waiver request on Form I-912, Application for Fee Waiver (or other written request).

7. When and Where to File for TPS?

The timing and location for filing your TPS application are critical and depend on your specific circumstances.

7.1. Filing Deadlines

For initial TPS registration, the filing period is usually open for a specific time frame after a country is designated for TPS. The USCIS announces these registration periods on its website. It’s essential to file your application within this initial registration period to be considered for TPS.

7.2. Re-Registration

Once granted TPS, you must re-register during each re-registration period to maintain your TPS benefits. USCIS announces these re-registration periods well in advance, usually 60 days before the expiration of the current TPS designation. Failing to re-register on time without good cause can lead to the loss of your TPS status.

7.3. Where to File

The filing location depends on the forms you are submitting and your country of origin. Check the specific TPS country page on the USCIS website for the correct mailing address. Typically, you will mail your application package to a designated USCIS lockbox facility. If you are filing online, follow the instructions provided on the USCIS website.

7.4. Late Filing

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

8. The TPS Application Process

Understanding the steps involved in the TPS application process can help you navigate the system more effectively.

8.1. Step 1: File Your Application

Once you have prepared your TPS package with the forms, evidence, and filing fees (or request for a fee waiver), you will need to send it to the address indicated on your TPS country page. Make sure you sign your application and include the correct fee amount (or fee waiver request).

8.2. Step 2: USCIS Receives Your Application

When USCIS receives your application, they will review it 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.

8.3. Step 3: 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). Every TPS applicant over 14 years old must have their biometrics collected.

8.4. Step 4: Go to the ASC

When you report to an ASC, you must 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

8.5. Step 5: USCIS Determines Work Eligibility

If you are not seeking an employment authorization document (EAD), skip to Step 6.

8.6. Step 6: USCIS Adjudicates the Application

During this phase, USCIS may ask you for additional documents to establish your eligibility for TPS. If you receive a request for evidence (RFE) or a notice of intent to deny, it is extremely important that you respond immediately to avoid processing delays and possible denial for failure to timely respond.

8.7. Step 7: USCIS Approves or Denies the Application

If your application for TPS is approved and you filed an initial application, USCIS will send you an approval notice and an EAD, if you requested one and haven’t received it before this step. If your application is denied, USCIS will send you a letter indicating the reason for your denial and, if applicable, provide you with the opportunity to appeal the denial.

9. Maintaining TPS Status

Once you are granted TPS, maintaining your status involves several responsibilities, including re-registration, address updates, and adherence to specific guidelines.

9.1. Re-Registration Requirements

One of the most critical aspects of maintaining TPS status is timely re-registration. USCIS requires all TPS beneficiaries to re-register during each designated re-registration period. These periods are announced well in advance, usually 60 days before the expiration of the current TPS designation. Failure to re-register on time without a valid reason can lead to the loss of your TPS status.

9.2. Employment Authorization Document (EAD) Extension

If you have and maintain TPS, you may receive an extension of your EAD through publication of a Federal Register notice extending the TPS designation of your country, through notification of extension, typically when USCIS sends you a Form I-797, Notice of Action, or through the automatic EAD extensions announced through temporary final rules.

9.3. Change of Address

If your address changes after you file your application, you must notify USCIS immediately. You can update your address online through the USCIS website or by submitting Form AR-11, Alien’s Change of Address Card.

10. Appealing a TPS Denial

If USCIS denies your TPS application, you have options for appealing the decision.

10.1. Options for Appeal

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.

10.2. Motion to Reconsider

You may also choose to file a motion to reconsider with the Service Center that adjudicated your TPS application. If USCIS denies your TPS application, it is recommended that you consult with an accredited legal representative to determine whether you should pursue an appeal or motion.

11. Other Immigration Options

TPS is a temporary status, and it does not lead to permanent residency or citizenship. However, there may be other immigration options available to you.

11.1. Exploring Other Options

You might be eligible for other immigration options listed on the Explore My Options page on the USCIS website. 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.

11.2. Seeking Asylum

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. In other words, having TPS status “stops 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.

12. Countries Currently Designated for TPS

The list of countries designated for TPS can change, so it’s important to stay informed about the current designations.

12.1. Staying Updated

As of 2024, the countries designated for TPS include:

• Afghanistan
• Burma (Myanmar)
• El Salvador
• Haiti
• Honduras
• Nepal
• Nicaragua
• Somalia
• South Sudan
• Sudan
• Syria
• Venezuela
• Yemen

12.2. How to Check Current Designations

For the most up-to-date information on countries designated for TPS, visit the USCIS website. The list of designated countries, along with their respective designation dates and eligibility requirements, is regularly updated.

13. TPS 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 follow specific procedures when filing for your first TPS benefit with USCIS.

13.1. Providing Proof of TPS Grant

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.

13.2. Filing Requirements

The filing requirements depend on the first TPS benefit you are requesting:

14. Avoiding Scams

It’s important to be aware of potential scams and unauthorized practitioners who may try to take advantage of individuals seeking TPS.

14.1. Recognizing Scams

Be cautious of individuals who claim they can file TPS forms for you and ask for payment. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice.

14.2. Seeking Legitimate 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.

15. How SIXT.VN Can Help You With Your Travel Plans

Planning a trip can be overwhelming, especially when you’re managing your TPS status. SIXT.VN offers a range of services to make your travel experience smooth and hassle-free.

15.1. Personalized Travel Consultation

SIXT.VN provides personalized travel consultation services to help you understand the requirements and procedures for traveling with TPS. We’ll guide you through the necessary steps to ensure your travel plans align with your TPS status. Our team of experts is well-versed in immigration regulations and can provide you with accurate and up-to-date information.

15.2. Airport Transfer Services

Navigating a new city can be challenging, especially after a long flight. SIXT.VN offers reliable and convenient airport transfer services to pick you up from the airport and take you to your destination in Hanoi. Our professional drivers are punctual and courteous, ensuring a comfortable and stress-free journey.

15.3. Hotel Booking Assistance

Finding the right accommodation is crucial for a comfortable trip. SIXT.VN offers hotel booking assistance to help you find the perfect hotel that fits your budget and preferences. We partner with a wide range of hotels in Hanoi, from budget-friendly options to luxurious accommodations, ensuring you have plenty of choices.

15.4. Tour Packages

To make the most of your visit to Hanoi, consider booking one of our curated tour packages. SIXT.VN offers a variety of tour options to suit different interests, including cultural tours, historical tours, and food tours. Our knowledgeable guides will take you to the must-see attractions and hidden gems of Hanoi, providing you with an enriching and memorable experience.

15.5. Flight Booking Services

Booking flights can be time-consuming and confusing. SIXT.VN offers flight booking services to help you find the best deals on flights to and from Hanoi. We work with major airlines to provide you with a wide range of options, ensuring you find a flight that fits your schedule and budget.

16. Exploring Hanoi with SIXT.VN

Hanoi, the capital of Vietnam, is a city rich in history, culture, and natural beauty. With SIXT.VN, you can explore the best of Hanoi and its surrounding areas with ease and convenience.

16.1. Must-Visit Attractions

• Hoan Kiem Lake: A serene lake in the heart of Hanoi, surrounded by temples, gardens, and bustling streets. Take a stroll around the lake, visit Ngoc Son Temple, and enjoy the vibrant atmosphere.

• Old Quarter: A maze of narrow streets filled with shops, restaurants, and street food stalls. Explore the unique architecture, shop for souvenirs, and sample local delicacies.

• Temple of Literature: Vietnam’s first university, dedicated to Confucius. Explore the well-preserved courtyards, temples, and statues, and learn about Vietnam’s rich educational history.

• Ho Chi Minh Mausoleum: A solemn site where the preserved body of Ho Chi Minh is displayed. Pay your respects to the revered leader and learn about his life and legacy.

16.2. Day Trips from Hanoi

• Ha Long Bay: A UNESCO World Heritage Site, famous for its stunning limestone karsts and emerald waters. Take a boat tour, kayak through the bay, and explore the caves.

• Sapa: A mountain town in northern Vietnam, known for its rice terraces, ethnic minority cultures, and breathtaking landscapes. Hike through the rice paddies, visit local villages, and experience the unique culture of the Hmong and Dao people.

• Ninh Binh: Known as “Halong Bay on Land,” Ninh Binh features stunning limestone karsts, rivers, and rice paddies. Take a boat tour through Tam Coc, visit the ancient city of Hoa Lu, and climb to the top of Mua Cave for panoramic views.

17. FAQs About Traveling with TPS

Here are some frequently asked questions about traveling with TPS to help you better understand the process.

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

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

17.2. How do I apply for travel authorization?

You must file Form I-131, Application for Travel Document, with USCIS.

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

You may lose your TPS status and may not be allowed to re-enter the U.S.

17.4. Is re-entry guaranteed with travel authorization?

No, re-entry is not guaranteed. A CBP officer at the port of entry will make the final determination.

17.5. How long is the travel authorization valid for?

The validity period depends on the specific circumstances of your case, typically for a single trip within a specified timeframe.

17.6. Can I renew my TPS while outside the U.S.?

No, you must be physically present in the U.S. to renew your TPS.

17.7. What if my TPS is terminated while I am abroad?

You may not be allowed to re-enter the U.S. It is crucial to monitor the status of your TPS designation.

17.8. Can I apply for other immigration benefits while having TPS?

Yes, applying for TPS does not prevent you from applying for other immigration benefits.

17.9. Where can I find the latest information on TPS designated countries?

Visit the USCIS website for the most up-to-date information.

17.10. Should I seek legal advice before traveling with TPS?

Yes, it is always advisable to seek legal advice from an experienced immigration attorney.

18. Conclusion

Traveling with Temporary Protected Status (TPS) is possible with careful planning and adherence to USCIS regulations. SIXT.VN is dedicated to supporting you through every step of your journey, from providing expert travel advice to offering convenient and reliable services in Hanoi. Whether you need help with airport transfers, hotel bookings, tour packages, or flight arrangements, SIXT.VN is here to ensure your trip is seamless and enjoyable. Contact SIXT.VN today at Address: 260 Cau Giay, Hanoi, Vietnam, Hotline/Whatsapp: +84 986 244 358, or visit our Website: SIXT.VN to start planning your unforgettable adventure in Vietnam.