Temporary Protected Status (TPS) Lawyer in Miami

Temporary Protected Status (TPS) is an immigration status the U.S. government grants to nationals of designated countries facing armed conflict, environmental disaster, or other extraordinary conditions. TPS allows holders to live and work in the U.S. during the designation period. As of 2025, TPS is available to nationals of Haiti, Venezuela, Nicaragua, El Salvador, Honduras, and others. Godoy Law P.A. handles initial TPS applications, re-registrations, and related work authorization.

Currently Designated Countries

TPS designations and timelines change frequently. As of the most recent updates, the following countries have active TPS designations:

Haiti
Venezuela (two designations)
Nicaragua
Honduras
El Salvador
Cameroon
Ethiopia
Somalia
South Sudan
Sudan
Syria
Ukraine
Yemen
Lebanon
Myanmar (Burma)
Nepal
Afghanistan

Who Qualifies

To qualify for TPS, you must:

Be a national of a TPS-designated country (or a stateless person whose last habitual residence was that country)
Have been continuously physically present in the U.S. since the date specified in your country’s TPS designation
Have continuously resided in the U.S. since the residence date specified in your country’s TPS designation
File during an open registration or re-registration period (or qualify for late initial registration)
Not be inadmissible for specific reasons (security, criminal, certain immigration violations – some are waivable)

Initial TPS Application vs Re-Registration

Initial Application

If you have never had TPS for your country, this is your first filing. The application includes Form I-821, the application fee (unless waived), biometrics fee, evidence of identity and nationality, evidence of continuous physical presence and residence, and any required waivers. You can also file Form I-765 for work authorization at the same time.

Re-Registration

If you already have TPS for a country that has been extended, you must re-register during each designated re-registration period to maintain status. Missing a re-registration window without good cause can cause loss of status. We track our clients’ re-registration deadlines and file on the open date to ensure continuity.

Late Initial Registration

If you missed the original registration period, you may still qualify for late initial registration if you can show one of the specified reasons – typically that you had another lawful immigration status during the initial registration period, you had a pending immigration application, or another recognized circumstance applied.

Work Authorization Under TPS

TPS holders qualify for an Employment Authorization Document (EAD). Many TPS-designated countries have EAD auto-extension notices that extend work permits beyond their face expiration date during periods of policy uncertainty. Check the latest USCIS notice for your country before assuming a TPS EAD has expired.

Travel on TPS

TPS holders need advance parole (Form I-131) to travel outside the U.S. and return. Travel without advance parole can be treated as abandoning TPS. Some advance parole grants for TPS holders have been treated as ‘admissions’ for adjustment of status purposes, which has implications for green card eligibility – this is a fact-specific analysis we run before any TPS-holder travel.

TPS and Other Immigration Paths

TPS is not a path to a green card by itself. Many TPS holders qualify for other forms of relief in parallel:

Asylum, if persecution-based claims exist – the one-year deadline applies but TPS-related circumstances sometimes support changed-circumstances exceptions
Family-based green cards through a U.S. citizen or LPR petitioner
Employment-based green cards
U-Visa, T-Visa, or VAWA for qualifying survivors
Cancellation of removal if placed in removal proceedings

We routinely run a parallel-relief analysis for TPS clients during the consultation. TPS keeps the lights on; another form of relief can be the long-term solution.

If TPS for Your Country is Terminated

DHS can terminate a TPS designation. When that happens:

The termination usually has a wind-down period (often 12-18 months) during which TPS and work authorization continue
After the wind-down, TPS holders revert to whatever underlying status they had before TPS (often none, putting them at risk of removal)
Litigation has affected several past terminations – the practical status can differ from the announced status
Other immigration paths should be pursued before the wind-down period ends, not after

If you have TPS and your country’s status is uncertain, this is the time to consult about other paths – not after the termination is final.

Haitian TPS - Specific Considerations

The Haitian TPS designation has been one of the most consequential for South Florida. Haitian nationals in Miami-Dade should understand:

Initial designation dates, redesignations, and continuous physical presence requirements have changed multiple times
Late initial registration may be available depending on the most recent designation
Documentation of identity and Haitian nationality can be challenging for clients whose records were lost or destroyed – we help with alternatives
Kreyòl-language case preparation is available throughout the matter

Venezuelan TPS - Specific Considerations

Venezuela has had two TPS designations. Eligibility depends on which designation a client qualifies under:

Different continuous physical presence and continuous residence dates apply to the two designations
Some applicants may qualify under both; some only under one
Spanish-language case preparation is available throughout the matter

Meet Our Attorney

Hilmarys Godoy-Villard, Esq.

Hilmarys Godoy-Villard, Esq. is the founding attorney of Godoy Law P.A. in Miami, Florida. She represents clients in family-based immigration, citizenship, deportation defense, asylum, and Temporary Protected Status cases. She is admitted to the Florida Bar and practices in English, Spanish, and Haitian Creole.

"*" indicates required fields

FAQ

Frequently Asked Questions

Can I apply for a green card while I have TPS?

TPS itself does not lead to a green card, but TPS does not prevent you from applying for one through another path - typically family-based or employment-based immigration. A key issue is whether the way you originally entered the U.S. allows for adjustment of status. Recent court decisions and policy guidance have affected this analysis significantly. Schedule a consultation if you have TPS and a potential green card path.

What happens if I miss my TPS re-registration deadline?

You can lose TPS. There is a 'good cause' exception for late re-registration, but it is not automatic - you must explain why you missed the deadline and the explanation must be acceptable. Travel restrictions, medical issues, and notice problems are typical good cause reasons. Do not assume you can simply re-register late.

Can I travel back to my home country with TPS?

Only if you have advance parole (Form I-131) approved before you leave. Travel without advance parole abandons TPS. Even with advance parole, travel to certain countries has additional considerations. Confirm before booking any international travel.

My TPS country has been terminated. What now?

Schedule a consultation immediately. The wind-down period provides time to pursue alternative relief, but the window is finite. Options often include family-based or employment-based green cards, asylum if persecution claims exist, U-Visa or VAWA for survivors, and cancellation of removal if removal proceedings begin. The right path depends entirely on your facts.

Does TPS cover my children?

Children must independently qualify for TPS - they need to be nationals of the designated country and meet the same physical presence and residence requirements. If your child was not in the U.S. by the relevant dates, they are not TPS-eligible even if you are.

Talk to a Miami Immigration Lawyer Today

We answer in English, Spanish, and Haitian Creole. Free initial consultation. Call +1 (786) 977-8878

or use the contact form below.