Temporary Protected Status (TPS) in 2026: Which Countries Qualify and How to Apply

Temporary Protected Status (TPS) in 2026: Which Countries Qualify and How to Apply

For thousands of immigrants living in Georgia and across the United States, Temporary Protected Status represents the legal foundation of their daily lives. It determines whether they can work, whether they can stay, and whether they can plan a future here. If you hold TPS, are thinking about applying, or are unsure whether your country's designation is still active, this guide will walk you through the current landscape as of 2026.

At J. Lee & Associates Law Group, our bilingual immigration attorneys have helped TPS holders throughout metro Atlanta with initial applications, re-registrations, and long-term immigration planning. The rules shift often, and the consequences of a missed deadline are severe. Here is what you need to know right now.

What Is Temporary Protected Status?

Congress created Temporary Protected Status through the Immigration Act of 1990. The governing statute is 8 U.S.C. § 1254a (INA § 244), which authorizes the Secretary of Homeland Security to designate a foreign country for TPS when conditions there make it unsafe or impossible for its nationals to return. The implementing regulations appear at 8 C.F.R. Part 244.

A country can be designated for TPS on three grounds:

• Ongoing armed conflict, such as civil war or military operations that pose a serious threat to personal safety
• Environmental disaster, including earthquakes, hurricanes, floods, or epidemics, where the country cannot adequately handle the return of its nationals
• Extraordinary and temporary conditions that prevent nationals from returning safely, even if no armed conflict or disaster is the primary cause

TPS provides three core benefits: protection from removal, authorization to work in the United States, and the possibility of advance parole for international travel. It does not, by itself, create a path to permanent residency. However, it can be an important foundation while you pursue other immigration options.

TPS Countries List for 2026

The following countries have active TPS designations as of early 2026. Expiration dates and re-registration windows change through Federal Register notices and litigation, so always verify current deadlines with an immigration attorney or directly at uscis.gov before filing anything.

Latin America and the Caribbean

• Venezuela: One of the largest TPS populations in the country. Multiple extensions and redesignations have created different eligibility windows depending on when you entered the United States. If you are Venezuelan, confirm which designation period covers your entry date.
• El Salvador: Originally designated after the 2001 earthquakes under INA § 244(b)(1)(B). Protections have been preserved beyond the original termination date through federal court orders and ongoing litigation.
• Honduras: Designated following Hurricane Mitch in 1999. Current protections continue through a combination of administrative action and court orders.
• Haiti: Redesignated multiple times due to political instability, natural disasters, and public health conditions. The re-registration history is complex, and clients from Haiti should confirm which designation period applies to their case.
• Nicaragua: Designation has been maintained through extensions, though the population of active TPS holders from Nicaragua is relatively small compared to other designated countries.
• Brazil: A TPS designation for Brazil has been under review, and developments in 2025 moved this forward as conditions in certain regions drew humanitarian concern. Brazilians currently in the U.S. should monitor Federal Register notices closely and consult an attorney about current eligibility.
• Cuba: Cuba has had pending TPS activity and has been the subject of advocacy and administrative review given ongoing humanitarian conditions on the island. As of early 2026, Cubans should verify whether a formal designation is in effect and what filing windows may apply.

Europe

• Ukraine: Designated in 2022 following Russia's invasion, with extensions tied to the duration of the conflict. Ukraine's TPS population in the United States grew significantly after the initial designation.

Africa and the Middle East

• Sudan: Designated due to ongoing armed conflict. Sudan's designation has been subject to litigation similar to El Salvador and Honduras.
• Somalia: One of the longest-standing TPS designations, reflecting years of armed conflict and humanitarian crisis.
• South Sudan: Designated due to armed conflict following independence.
• Syria: Designated due to civil war. Syrian nationals in the U.S. with TPS have had their protections extended repeatedly.
• Yemen: Designated due to armed conflict and a severe humanitarian crisis.
• Cameroon: Designated due to armed conflict in several regions of the country.
• Ethiopia: Designated due to ongoing internal conflict that has caused mass displacement.

Asia and the Pacific

• Myanmar (Burma): Designated following the 2021 military coup and the violence that followed.
• Afghanistan: Designated after the Taliban retook control of the country in August 2021.

This list reflects known active designations as of early 2026. Because the federal government can terminate, extend, or redesignate countries at any time through Federal Register publication, this list should be treated as a starting point rather than a final authority.

Who Qualifies for TPS?

Meeting the basic eligibility requirements under 8 C.F.R. § 244.2 is only the beginning. Each requirement must be satisfied fully, and documentation matters at every step.

Core Eligibility Requirements

• You are a national of a currently designated country, or a stateless person who last habitually resided there
• You have been continuously physically present in the United States since the date specified in the relevant Federal Register designation notice
• You have been continuously residing in the United States since the date specified for your country's designation
• You register during the designated initial registration or re-registration period

Who Is Barred from TPS?

Under INA § 244(c)(2)(B) (8 U.S.C. § 1254a(c)(2)(B)), certain people are ineligible for TPS regardless of their nationality or presence dates. Bars include:

• Persons convicted of any felony in the United States
• Persons convicted of two or more misdemeanors in the United States
• Persons who are inadmissible on security, terrorism, or related grounds under INA § 212(a)(2)(A) or related provisions
• Persons who have persecuted others on account of race, religion, nationality, political opinion, or membership in a particular social group

A prior criminal record does not automatically disqualify everyone. Some offenses may be analyzed under petty offense exceptions or other legal frameworks. An attorney should review any criminal history before you file.

How to Apply or Re-Register for TPS in 2026

The Application Forms

TPS applications are submitted using Form I-821 (Application for Temporary Protected Status). If you also want work authorization, which most applicants do, you file Form I-765 (Application for Employment Authorization) at the same time. Both forms and their instructions are available at uscis.gov.

Filing Fees and Fee Waivers

As of the most recent USCIS fee schedule, the filing fee for Form I-821 is $50 for initial applicants (there is no filing fee for re-registration on the I-821 itself). The Form I-765 fee for TPS-based EAD applications is $260, though USCIS periodically adjusts its fee schedule, and you should confirm current amounts at uscis.gov before submitting payment. If you cannot afford the filing fees, you may apply for a fee waiver using Form I-912 (Request for Fee Waiver). Fee waiver eligibility is based on income, receipt of means-tested public benefits, or financial hardship.

Documents You Will Need

• Proof of nationality: passport, national identity card, birth certificate, or consular document
• Evidence of continuous residence: lease agreements, utility bills, school records, tax returns, or employment records spanning the required period
• Evidence of continuous physical presence if different from residence documentation
• Two passport-style photographs
• Any prior immigration documentation (prior EADs, approval notices, prior TPS filings)

Biometrics, typically fingerprinting at an Application Support Center, are required for most TPS applicants. USCIS will schedule this appointment after you file.

Re-Registration Windows

If you already have TPS, you must re-register during each designated re-registration period. Missing that window can cost you your protected status, even if you have held TPS for years. USCIS typically issues automatic EAD extensions through Federal Register notices so that you can keep working while your renewal is processed, but that protection only applies if you filed during the correct window.

TPS, Adjustment of Status, and the Eleventh Circuit

One of the most consequential legal questions for TPS holders is whether TPS can support an application to adjust status to lawful permanent residence. The short answer: it depends on your specific facts and the circuit where you live.

In Sanchez v. Mayorkas, 141 S. Ct. 1817 (2021), the U.S. Supreme Court held unanimously that TPS does not constitute an "admission" for purposes of adjustment of status under INA § 245(a) for individuals who entered the United States without inspection. In practical terms, this means that a TPS holder who crossed the border unlawfully cannot use TPS alone to establish the lawful admission required for adjustment of status inside the United States.

However, if a TPS holder obtained advance parole and traveled abroad lawfully and then returned to the United States, that return may constitute a lawful admission in some circuits. The Eleventh Circuit, which covers Georgia, has addressed adjustment of status eligibility for TPS holders on a case-by-case basis, and the analysis is fact-specific. Practitioners also reference Perez v. USCIS in related discussions about TPS and admission. If you believe you may have a path to a green card through a family petition, employment sponsorship, or another basis, consult with an immigration attorney before taking any action, because the steps you take now can either open or close that door.

What Happens If TPS Is Terminated for Your Country?

When the government terminates TPS for a designated country, affected individuals receive a transition period before the termination takes effect. Federal Register notices typically provide at least 60 days of advance notice, and litigation has extended protections well beyond original termination dates for several countries in recent years.

After termination, you revert to whatever immigration status you held before TPS, or to unlawful presence if you had no prior status. This is precisely why it is worth exploring all other immigration options while you have TPS protection. Asylum, cancellation of removal, family-based petitions, VAWA protections, U-visa or T-visa eligibility, and other forms of relief may be available depending on your circumstances.

Related Practice Areas

Our immigration attorneys work across all areas of immigration law and connected practice areas. Learn more about how we can help:

• Immigration Law: Family petitions, work visas, naturalization, and humanitarian relief
• Immigration Attorney Services: Personalized legal strategy for your specific situation
• Criminal Defense: Prior convictions can affect TPS eligibility; our criminal defense team works alongside our immigration attorneys to assess and address immigration consequences

Protect Your TPS Status Before a Deadline Forces Your Hand

The clients who come to us in the most difficult situations are almost always the ones who waited. Re-registration windows close. Federal Register deadlines pass. One incomplete form or one missing document can unravel years of protected status. Whether you need to apply for the first time, re-register before a window closes, or figure out whether TPS can connect to a longer-term immigration path, our team is ready to help. Call J. Lee & Associates Law Group at (770) 609-9396 to schedule a free, confidential consultation with a bilingual immigration attorney serving Gwinnett County, DeKalb County, Fulton County, and all of metro Atlanta.