The continuous residence requirement must be met for Temporary Protected Status eligibility. The requirement confirms that you have been residing (living) in the United States since the designated continuous residence date.
For example, the continuous residence date for Nepal is June 24, 2015. Therefore, an applicant for initial TPS registration must have been living inside the United States since June 24, 2015. The person would not be eligible for TPS if he or she arrived in the U.S. after June 24th.
Continuous Residence Evidence
When filing Form I-821, Application for Temporary Protected Status, you will also need to submit proof that you meet the continuous residence requirement. The Department of Homeland Security designates a continuous residence date for each TPS country. Submit evidence that proves you began living in the United States prior to the continuous residence date and continue to live within the U.S. up until the present time. Some of the types of documents you may submit as evidence include:
- Employment records
- Rent receipts
- School records
- Hospital records
- Attestations by churches, unions, or other organizations to your residence
- Any additional documents that provide evidence of your residence
When using CitizenPath to prepare your I-821 application, our filing instructions will provide detailed instructions on supporting documents, including examples of acceptable documents to meet the continuous residence requirement.
Exceptions to Continuous Residence Requirement
The law allows an exception to the continuous residence requirement 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 continuous residence date. USCIS will determine whether the exception applies in your case.
Once USCIS grants you TPS benefits, use Form I-131, Application for Travel Document, to request advance parole. With an advance parole document, a TPS beneficiary may travel abroad and reenter the United States.
The continuous physical presence requirement also must be met for TPS eligibility. It’s similar to the requirement for continuous residence but is separate.