Each country that the U.S. Department of Homeland Security designates for Temporary Protected Status has its own registration period, which may be followed by a re-registration period. Any attempts file an I-821 application after these dates must be carefully handled as a late filing for TPS.
Late Filing for TPS Re-Registration
USCIS may accept a late re-registration I-821 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 the late filing along with your Form I-821, Application for Temporary Protected Status. It’s important to understand that you may have gaps in your employment authorization if you file your TPS re-registration application late. We recommend speaking to an immigration attorney before attempting to file late for TPS.
Late Filing for Initial TPS
You can submit an initial application for TPS during an extension of your country’s TPS designation period. If you qualify for a late filing of your original TPS application, you must still independently meet all the TPS eligibility requirements.
To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below:
During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition. Possible conditions include you:
Common reasons that may qualify for a late filing of TPS are that the TPS immigrant was actually applying for asylum or for an adjustment of status that would have changed his or her status to permanent residency.
During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married. You may file during an extension of your TPS designated country.