Temporary Protected Status (TPS) in 2026: Who Qualifies, How to Apply, and What Has Changed

Temporary Protected Status (TPS) in 2026: Who Qualifies, How to Apply, and What Has Changed

Temporary Protected Status (TPS) is a humanitarian protection program that allows nationals of designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions to live and work legally in the United States. For hundreds of thousands of immigrants in Georgia and across the country, TPS is the legal foundation that makes employment authorization, driver's licenses, and protection from deportation possible.

At J. Lee & Associates Law Group, our immigration team assists TPS applicants, re-registrants, and holders with initial applications, renewals, and the increasingly complex issues surrounding TPS legal status. We serve clients throughout the Atlanta metro area in English and Spanish. Call (770) 609-9396 for a free consultation. Se habla español.

What is Temporary Protected Status (TPS)?

TPS is authorized by Section 244 of the Immigration and Nationality Act (INA § 244, codified at 8 U.S.C. § 1254a). The Secretary of Homeland Security may designate a country for TPS when conditions in that country meet one or more of these criteria:

• Ongoing armed conflict posing a serious threat to personal safety
• An environmental disaster, epidemic, or other extraordinary temporary condition
• Conditions preventing safe return of nationals in a substantial but temporary manner

TPS is not a path to permanent residence on its own. However, TPS holders may have other avenues to adjust status if they are otherwise eligible, and ongoing litigation has expanded protections for long-term TPS holders in many circuits.

Currently Designated TPS Countries (as of 2026)

TPS designations change periodically as the Secretary of Homeland Security reviews conditions in designated countries. As of early 2026, the following countries have active TPS designations. Always verify current designations at uscis.gov/tps or with an immigration attorney, as designations are subject to extension, termination, or litigation at any time:

• Venezuela — Two separate designations cover nationals who entered the U.S. before different cutoff dates. Venezuela TPS has been among the most litigated, with courts addressing the government's authority to terminate it.
• El Salvador — One of the longest-running TPS designations. El Salvador TPS holders are among those whose status has been the subject of ongoing court proceedings.
• Honduras
• Haiti — Redesignated following the 2021 earthquake and assassination of President Moïse.
• Nicaragua
• Somalia
• Sudan and South Sudan
• Syria
• Ukraine
• Myanmar (Burma)
• Afghanistan
• Ethiopia
• Nepal
• Cameroon

[VERIFY current active designations at the time of your consultation — designations change and are subject to court orders. This list reflects known designations as of May 2026 and is provided for informational purposes only.]

Who Qualifies for TPS?

To be eligible for TPS, you must meet ALL of the following requirements under 8 U.S.C. § 1254a(c)(1):

• You are a national of a currently designated TPS country, or a stateless person who last habitually resided in that country
• You were continuously physically present in the United States since the most recent designation or redesignation date for your country
• You were continuously residing in the United States since the date specified in your country's TPS designation (the “registration cutoff date”)
• You file during the open registration or re-registration period
• You have not committed a felony or two or more misdemeanors in the United States
• You do not have a ground of inadmissibility that is not waivable for TPS purposes under 8 U.S.C. § 1254a(c)(2)(A)

The Application Process: Form I-821

To apply for TPS for the first time, or to re-register after an initial grant, you must file Form I-821, Application for Temporary Protected Status, with USCIS. Key elements of the process include:

• Initial registration: File Form I-821 during the open registration period announced by USCIS. This period is typically 60-180 days.
• Re-registration: Existing TPS holders must re-register during the re-registration window — typically 60 days — announced when USCIS extends TPS for a country. Missing the re-registration window can result in loss of TPS, though USCIS sometimes accepts late re-registration with a showing of good cause.
• Employment Authorization: File Form I-765, Application for Employment Authorization concurrently with Form I-821. USCIS issues an Employment Authorization Document (EAD) that is valid for the TPS period. Current filing fee as of 2026: verify at uscis.gov/fees.
• Biometrics: USCIS will schedule a biometrics appointment at an Application Support Center (ASC).
• Supporting documentation: Evidence of nationality (passport, birth certificate, national ID), evidence of continuous physical presence (utility bills, leases, employment records, school records, medical records), and evidence of continuous residence.

Advance Parole for TPS Holders

One of the most significant recent developments for TPS holders is the expanded availability of advance parole for travel. TPS holders may file Form I-131, Application for Travel Document to request advance parole before traveling outside the United States. Returning to the U.S. on advance parole with TPS has become an important pathway for some individuals to establish “inspection and admission” or “parole,” which can satisfy a requirement for adjustment of status to lawful permanent residence in certain immigration categories.

The intersection of TPS, advance parole, and adjustment eligibility is one of the most complex and litigated areas of immigration law. Do not travel outside the United States on advance parole without consulting an immigration attorney about the specific implications for your case.

TPS and the Path to Permanent Residence

TPS does not directly provide a path to a green card. However, TPS holders may be eligible to adjust status through other pathways:

• Family-based petitions: If a qualifying U.S. citizen or lawful permanent resident family member files an immigrant visa petition (Form I-130) on your behalf, and a visa is immediately available, you may be eligible to adjust status.
• Employment-based petitions: An employer may sponsor you for a permanent resident visa through an approved Form I-140 petition.
• Special immigrant categories: Certain religious workers, broadcasters, and other special categories may qualify independently.
• Advance parole return + adjustment: Depending on your circuit, returning to the U.S. on advance parole with TPS may allow adjustment of status even if you originally entered without inspection. This is heavily contested and depends on current case law in your jurisdiction. In Georgia (the Eleventh Circuit), speak with an attorney before relying on this approach.

TPS Termination Litigation

Over the past several years, the federal courts have been extensively involved in TPS termination decisions affecting El Salvador, Haiti, Honduras, Nicaragua, and Sudan. Injunctions in various circuits have at different times blocked TPS terminations from taking effect. The legal landscape remains dynamic. TPS holders should stay in regular contact with an immigration attorney to understand how court decisions affect their specific status.

Related Practice Areas

• Immigration: Comprehensive immigration services including family petitions, adjustment of status, removal defense, and DACA.
• Asylum: Alternative protection pathways for individuals facing persecution.

Contact J. Lee & Associates Law Group

TPS applications, re-registrations, advance parole, and adjustment of status applications all require careful attention to deadlines, documentation, and current legal developments. A missed re-registration or a misstep on advance parole travel can have serious consequences for your immigration status. Our immigration team represents TPS holders throughout the Atlanta metro area in English and Spanish.

Call (770) 609-9396 today for a free consultation. Se habla español.