USCIS released guidance on how to apply for Late TPS in a question & answer format. The relevant sections are as follows:
Q1. Can a someone who was in the United States when their country was first designated for TPS, register for TPS now?
Yes, late initial registration is available in limited circumstances if you:
- are a national of the designated country, or an alien without nationality who last habitually resided in the designated country; AND
- have continuously resided in the United States since the initial designation; AND
- have been continuously physically present in the United States since designated date; AND
- satisfactorily complete the routine background checks required of all applicants; AND
- meet certain other admissibility and eligibility criteria as specified in section 244(c) of the INA, 8 USC 1254a(c), and regulations at 8 CFR 244.1-244.9; AND
- Meet the qualifying conditions listed below for late initial TPS registration.
Q2. What requirements or qualifying conditions do I need to meet to qualify for late initial registration?
To qualify for a late initial TPS registration application, you must also demonstrate that at the time of the initial registration period of the TPS designation you:
- were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief from removal; OR
- had a pending application for:
- Change of status;
- Adjustment of status;
- Asylum; OR
- had voluntary departure; OR
- had any relief from removal pending or subject to further review or appeal; OR
- were a parolee or had a pending request for re-parole; OR
- were the spouse or child of an alien currently eligible to be a TPS registrant. (see 8 CFR 244.2(f)(2).
If you are applying for TPS for the first time under the late initial registration provisions, you must register while one of the above qualifying conditions still exists, or no later than 60 days after the expiration or termination of the qualifying condition. The qualifying condition you seek to use for eligibility under late initial filing must have existed during the initial TPS registration period.
Q3. If I didn’t have a qualifying condition during the initial TPS registration period, but had it during the last re-registration (extension), am I eligible to submit a late initial filing for TPS now?
No. One of the qualifying conditions must have applied to you during the initial TPS registration periods.
Q4. If I am currently the spouse or child of someone granted TPS, but I did not apply for TPS during the initial registration period, can I submit a late initial filing now?
The family relationship must also have existed during the 1999 initial registration period. You must also meet all the basic TPS eligibility requirements.
Late TPS registration is complicated and it would be best to contact our office to schedule a consultation with an experienced attorney.
Ricky Malik
Attorney at Law