Navigating Temporary Protected Status can feel overwhelming when you’re already dealing with uncertainty about your future in the United States. If you’re from a designated country facing ongoing armed conflict, natural disasters, or other extraordinary circumstances, finding the right TPS attorney could be the key to securing your legal status and peace of mind.
Bottom Line Up Front: A qualified TPS attorney will handle your application paperwork, ensure you meet eligibility requirements, represent you in court if needed, and guide you through the complex immigration system. Costs typically range from $1,500 to $4,500 for TPS cases, but the investment in professional legal help can mean the difference between approval and denial.
What is TPS and Why You Need Legal Representation
Temporary Protected Status serves as a lifeline for foreign nationals who cannot safely return to their home countries due to ongoing armed conflict, environmental disasters, or other extraordinary circumstances. Congress established TPS as part of the Immigration Act of 1990 to provide humanitarian relief to citizens whose countries suffer from natural disasters, protracted unrest, or conflict.
The program currently protects over one million individuals living in the United States. As of September 30, 2024, there were approximately 1.1 million people with TPS living in the United States. However, the political landscape has shifted dramatically in recent months.
Recent changes under the Trump administration have created urgency around TPS cases. Between January and June 2025, the Trump administration has ended TPS protections for Venezuela, Afghanistan, Cameroon, Nepal and Haiti. These terminations affect hundreds of thousands of people who now face potential deportation without proper legal guidance.
The stakes couldn’t be higher. When your TPS application gets denied or your status faces termination, you’re not just losing paperwork – you’re potentially losing your ability to work legally, support your family, and remain in the only country that offers you safety.
Understanding TPS Eligibility Requirements
Before diving into attorney selection, you need to understand whether you qualify for TPS protection. The eligibility criteria are strict and timing-sensitive.
Basic Eligibility Requirements
To qualify for TPS, you must meet several specific criteria:
Nationality Requirements: You must be a national of a country currently designated for TPS, or if you have no nationality, you must have last habitually resided in a designated country. Be a national of a country that’s designated for temporary protected status, or you’re without nationality, but your recent country of residence was a designated country.
Physical Presence: You must have been continuously physically present in the United States since the effective date of your country’s TPS designation. Brief trips outside the country won’t disqualify you, but extended absences could.
Continuous Residence: You must have continuously resided in the United States since the date specified for your country. This means you were living in the U.S. before the crisis that led to your country’s TPS designation.
Timely Filing: You must file your application during the initial registration period or re-registration period. Late filings require special circumstances and additional documentation.
Criminal Background: You cannot have been convicted of any felony or two or more misdemeanors while in the United States. You must not have been convicted of any felonies or any two misdemeanors while in the U.S.
Currently Designated Countries (As of August 2025)
The list of TPS-designated countries changes frequently based on global conditions. As of July 1, 2025, fifteen countries currently have TPS designations, though several are set to expire throughout the year. They are Myanmar (Burma), El Salvador, Ethiopia, Lebanon, Somalia, South Sudan, Sudan, Syria, Ukraine, and Yemen.
Several countries have recently lost their TPS designations, creating urgency for affected individuals to seek legal counsel immediately.
Why You Need a TPS Attorney
The TPS application process involves complex legal requirements, strict deadlines, and detailed documentation. While you technically can file forms yourself, the consequences of mistakes are severe.
Complex Legal Requirements
TPS law intersects with multiple areas of immigration law, criminal law, and federal regulations. Missing signatures and incorrect fees are common mistakes on TPS applications and are cause for rejection. That’s why it’s best to talk to an attorney to help you through this critically important part of the application process.
An experienced TPS attorney understands these nuances and can identify potential issues before they become problems. They know which evidence USCIS expects, how to present your case most effectively, and what red flags to avoid.
Documentation and Evidence Gathering
TPS applications require extensive documentation to prove identity, nationality, and continuous presence in the United States. Identity and Nationality Evidence: to demonstrate your identity and that you are a national of a country designated for TPS (or that you have no nationality and you last habitually resided in a country designated for TPS). Date of Entry Evidence: to demonstrate when you entered the United States. Continuous Residence (CR) Evidence: to demonstrate that you have been in the United States since the CR date specified for your country.
Many applicants struggle to obtain primary evidence documents, especially when their home countries are experiencing the very conditions that led to TPS designation. If you aren’t able to provide any primary evidence documents, you’ll have to submit an affidavit to USCIS proving that you tried to get those documents, and explaining why you weren’t able to do so through your country’s U.S. Embassy or Consulate.
Representation in Court
If USCIS denies your TPS application, you may need to defend your case in immigration court. If your application for TPS is denied, it’s best that you talk to a lawyer. Our professionals will be able to decide whether you should file an appeal or motion.
Immigration court proceedings are adversarial, meaning there’s a government attorney arguing for your removal while you present your case for remaining in the United States. Having qualified legal representation dramatically improves your chances of success.
Avoiding Common Pitfalls
TPS applications get rejected for seemingly minor errors that experienced attorneys know to avoid. Fee calculation mistakes, missing signatures, incorrect forms, and inadequate supporting documentation can all lead to denial.
Your attorney will review every aspect of your case before submission, ensuring forms are properly completed, fees are calculated correctly, and all supporting evidence meets USCIS standards.
Types of TPS Attorney Services
TPS attorneys offer different levels of service depending on your needs and budget. Understanding these options helps you choose the right representation for your situation.
Full Representation Services
Most TPS attorneys offer comprehensive representation that includes:
- Initial case evaluation and eligibility assessment
- Form preparation and completion (I-821, I-765)
- Evidence gathering and document preparation
- Fee calculation and payment processing
- Application submission and tracking
- Response to USCIS requests for additional evidence
- Court representation if needed
- Re-registration assistance for TPS renewals
At our law firm, we believe that you deserve the best legal support for your TPS application process. Our tps immigration lawyer will: Provide a detailed evaluation of your case, ensuring every aspect is thoroughly examined. Assist with the necessary forms, supporting documentation, and filing fees, ensuring accuracy and completeness for the submission to the United States Citizenship and Immigration Services (USCIS). Offer professional legal representation and guidance throughout the entire TPS application process.
Limited Scope Representation
Some attorneys offer limited scope services for clients who want to handle parts of their case themselves but need professional guidance on specific issues. This might include:
- Case evaluation and strategy consultation
- Form review and correction
- Document preparation assistance
- Specific legal issue consultation
Emergency Services
Given recent TPS terminations, many attorneys now offer expedited services for urgent cases. Petitions or any casework that needs to be filed in less than 4 days from the date VisaNation Law Group is retained will incur a surcharge of $500 (with your consent) due to the rush and work overload placed on VisaNation Law Group’s attorneys.
How to Find a Qualified TPS Attorney
Finding the right TPS attorney requires research, but the investment in time pays dividends in peace of mind and case success.
Verification and Credentials
Before hiring any immigration attorney, verify their credentials through official channels. Make sure that the attorney is eligible to practice in – and is a member in good standing of the bar of the highest court of – any U.S. state, possession, territory or commonwealth, or the District of Columbia. Ask to see the attorney’s current licensing document, and verify through the state agency responsible for regulating attorneys that they are eligible to practice.
Check the Executive Office for Immigration Review’s list of disciplined practitioners. Check the List of Currently Disciplined Practitioners. This is where the Executive Office for Immigration Review lists people who have been expelled, disbarred or suspended from practicing law before USCIS. Attorneys who are on the list and who have a “No” in the last column on the right are not eligible to give you legal advice.
Red Flags to Avoid
Immigration law unfortunately attracts unscrupulous individuals who prey on vulnerable populations. Watch out for these warning signs:
Notarios and Immigration Consultants: “Notarios,” notary publics, immigration consultants, and businesses cannot give you immigration legal advice unless they are authorized legal service providers. In many other countries, the word “notario” means that the individual is an attorney, but that is not true in the United States.
Unrealistic Guarantees: No attorney can guarantee approval of your TPS application. Be wary of anyone promising specific outcomes.
Upfront Payment Demands: While retainer fees are normal, be cautious of demands for large upfront payments without clear fee agreements.
Communication Issues: Your attorney should speak your language or provide qualified interpretation services. Communication barriers can lead to serious problems in immigration cases.
Professional Resources
Several professional organizations can help you locate qualified TPS attorneys:
American Bar Association: The American Bar Association provides information about finding an attorney in your state.
Department of Justice Lists: The DOJ also provides a list of attorneys who provide immigration services either for free or for little cost. DOJ also provides a list of accredited representatives and recognized organizations.
Local Bar Associations: Many state and local bar associations maintain immigration attorney referral services.
Questions to Ask Potential Attorneys
When interviewing TPS attorneys, ask specific questions about their experience and approach:
- How many TPS cases have you handled in the past year?
- What is your success rate with TPS applications?
- Have you handled cases from my specific country of origin?
- How do you communicate with clients throughout the process?
- What is your fee structure and payment schedule?
- How do you handle requests for additional evidence from USCIS?
- Do you provide court representation if my case gets denied?
TPS Attorney Costs and Fee Structures
Understanding legal fees helps you budget appropriately and avoid surprises. TPS attorney fees vary significantly based on location, attorney experience, and case complexity.
Typical Fee Ranges
TPS attorney fees generally fall into these ranges:
Basic TPS Applications: $1,500 to $3,000 for straightforward cases with standard documentation requirements.
Complex Cases: $3,000 to $4,500 for cases involving criminal issues, previous immigration violations, or extensive evidence gathering.
Court Representation: $5,000 to $7,500 for full representation in immigration court proceedings.
Hourly Rates: If an attorney is billing by the hour, expect charges to run between $100 for the most affordable immigration lawyers to $450 per hour (consider complexity and experience level). Paralegal time ranges between $50 for the lowest cost to $150 per hour.
Fee Structure Options
Most TPS attorneys use flat fee arrangements rather than hourly billing. Immigration lawyers often opt for flat fees to provide transparency and predictability for clients as opposed to hourly or contingency fees. This approach ensures clarity in cost expectations, especially for standard services like visa applications.
Flat fee arrangements typically include:
- Initial consultation and case evaluation
- Form preparation and filing
- Basic correspondence with USCIS
- Standard document preparation
Additional services often incur separate charges:
- Responses to requests for additional evidence
- Court appearances
- Appeal preparation
- Expedited processing requests
Government Filing Fees
Attorney fees don’t include USCIS filing fees, which you must pay separately. Starting on July 22, 2025, the fee to apply for TPS for the first time increased to $530. The fees for work permits based on TPS have also increased. Initial TPS work permit: fee increased to $1070 (if applying by mail) and $1020 (if applying online). Renewal TPS work permit: fee increased to $795 (if applying by mail) and $745 (if applying online).
For younger applicants, fees are reduced. Application fees for an initial TPS application start at $50 for those younger than 14. However, they can cost as much as $545 for applicants 14-65 requesting an EAD.
Payment Plans and Fee Waivers
Many attorneys offer payment plans to make legal representation more accessible. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable.
You may also qualify for fee waivers for USCIS filing fees if you meet income requirements. If you cannot afford the costs associated with the TPS filing, please make sure to include a fee waiver request on Form I-912, Application for Fee Waiver (or other written request).
What to Expect When Working with a TPS Attorney
Understanding the attorney-client relationship and case timeline helps set appropriate expectations and ensures smooth collaboration.
Initial Consultation Process
Most TPS attorneys offer initial consultations to evaluate your case and explain your options. Throughout the consultation, we will meticulously examine the details of your case, leaving no aspect unexplored. By employing a thorough approach, we aim to gain a comprehensive understanding of your unique circumstances and offer tailored recommendations and solutions.
During this meeting, your attorney will:
- Review your eligibility for TPS
- Assess potential challenges in your case
- Explain the application process and timeline
- Discuss fee arrangements and payment options
- Answer your questions about TPS benefits and limitations
Document Collection Phase
After retaining an attorney, you’ll work together to gather required documentation. This process can take several weeks or months, depending on document availability and your country’s current conditions.
Your attorney will provide a detailed checklist of required documents and help you obtain alternative evidence when primary documents aren’t available.
Application Preparation and Filing
Your attorney will prepare all forms, organize supporting documents, and calculate correct filing fees. Once you’ve prepared your TPS submission package, including all of the required forms, evidence, and filing fees, you’ll have to mail it to the address specified for your country.
Professional preparation significantly reduces the risk of rejection for technical errors.
USCIS Review Process
After filing, USCIS will review your application and may request additional evidence or schedule biometrics appointments. After receiving your application, USCIS will review it to make sure it’s properly completed and that the correct filing fees were included. If your case is accepted you’ll receive a receipt notice, which will have a receipt number that you can use to go online and check the status of your case.
Your attorney will handle all USCIS correspondence and keep you informed of your case status.
Decision and Next Steps
USCIS will ultimately approve or deny your TPS application. Upon completion of your case, USCIS will notify you if your request for TPS is granted or denied. If approved, you’ll receive work authorization and protection from deportation. If denied, your attorney can explore appeal options or alternative forms of relief.
TPS Benefits and Limitations
Understanding what TPS does and doesn’t provide helps set realistic expectations for your case.
Benefits of TPS Status
TPS provides several important protections:
Protection from Deportation: Once granted TPS status, DHS cannot remove an individual from the United States. This protection remains in effect as long as your country maintains TPS designation and you continue to meet eligibility requirements.
Work Authorization: In addition, they can obtain an employment authorization document (EAD), allowing them to work here. This enables you to support yourself and your family legally while in the United States.
Travel Authorization: They may also gain travel authorization. You can apply for advance parole to travel outside the United States and return, though this requires careful legal planning.
Limitations of TPS
TPS is explicitly temporary and doesn’t provide a direct path to permanent residence. TPS does not provide beneficiaries with a separate path to lawful permanent residence (a green card) or citizenship. However, a TPS recipient who otherwise is eligible for permanent residence may apply for that status.
No Public Benefits: Beneficiaries are not eligible for any public assistance by virtue of their TPS status.
Regular Re-registration: Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits. This creates ongoing legal expenses and uncertainty.
Return to Previous Status: TPS beneficiaries return to the immigration status that the person held prior to receiving TPS, unless that status has expired or the person has successfully acquired a new immigration status.
Common TPS Legal Issues
TPS cases often involve complex legal issues that require professional expertise to resolve successfully.
Criminal History Concerns
Even minor criminal convictions can disqualify TPS applicants. Your attorney needs to carefully review your criminal history and determine whether any violations create bars to TPS eligibility.
Some criminal issues can be waived, but this requires additional applications and legal arguments that only experienced attorneys should handle.
Previous Immigration Violations
Past immigration violations, including unlawful presence or previous removal orders, can complicate TPS cases. Your attorney will need to analyze how these issues affect your eligibility and whether waivers are available.
Late Filing Issues
Missing initial registration deadlines doesn’t automatically disqualify you from TPS, but late filing requires additional evidence and legal justification. File your TPS application during the open initial registration or re-registration period (or qualify for late initial filing extension).
Your attorney can help determine whether you qualify for late filing and prepare the necessary supporting documentation.
Documentation Challenges
Many TPS applicants struggle to obtain required documents from countries experiencing the very conditions that led to TPS designation. Professional legal help becomes crucial when standard documentation isn’t available.
Recent Changes and Current Challenges
The political landscape around TPS has shifted dramatically in 2025, creating new urgency around TPS cases.
TPS Terminations Under Current Administration
The Trump administration has terminated TPS for several countries, affecting hundreds of thousands of people. On February 5, 2025, DHS Secretary Kristi Noem decided to terminate TPS protections for Venezuela under the 2023 designation. This move overturned a decision by the Biden administration to extend protections until October 2, 2026. Secretary Noem’s decision ended access to TPS protections for up to 472,000 eligible individuals from Venezuela.
Similar terminations have affected other countries. On July 1, DHS announced that it would terminate TPS protections for Haiti, with an effective termination date of September 2, 2025. This decision will impact 348,000 TPS holders, making them susceptible to deportation and ineligible to work legally in the U.S..
Legal Challenges and Court Interventions
Federal courts have intervened in some TPS termination cases. On March 31, U.S. District Judge Edward Chen in San Francisco temporarily blocked DHS’ attempt to end TPS protections for Venezuelans under the 2023 designation, extending those TPS protections until the Biden administration’s original date of October 2, 2026.
These legal challenges create complex situations where TPS status may be partially valid pending court decisions.
Increased Demand for Legal Services
Immigration attorneys report unprecedented demand for TPS services. South Florida immigration attorney Vanessa Joseph says Haitian immigrants are making inquiries to her office like never before, worried and fearful they may be forced to leave the U.S. after the Trump administration announced last week it’s terminating Temporary Protected Status, or TPS, for 500,000 Haitians in early September.
This increased demand means you should act quickly to secure qualified legal representation before attorney schedules become completely booked.
Alternative Forms of Relief
If you don’t qualify for TPS or your country’s designation has been terminated, your attorney may identify alternative forms of immigration relief.
Asylum Applications
Asylum provides protection for individuals who cannot return to their home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Unlike TPS, asylum can lead to permanent residence and eventual citizenship.
Withholding of Removal
This protection prevents deportation to countries where you would face persecution, but doesn’t provide work authorization or a path to permanent residence.
Deferred Enforced Departure (DED)
Deferred Enforced Departure (DED) is very similar to TPS but derives from the president’s foreign policy authority rather than from a specific law. Like TPS, DED provides work authorization and protection from deportation.
Family-Based Immigration
If you have qualifying family relationships with U.S. citizens or permanent residents, you might be eligible for family-based immigration relief.
Employment-Based Options
Certain employment situations may provide paths to legal status, particularly for individuals with specialized skills or education.
Working with Your TPS Attorney: Best Practices
Maximizing the value of your legal representation requires active participation and clear communication.
Honest Communication
Provide your attorney with complete and accurate information about your background, even if you’re concerned about potential negative impacts. Be advised that withholding information may affect not only the cost of your case but also the approach VisaNation Law Group takes. They understand that neglecting to mention some information (i.e., criminal, financial, etc.) may not be intentional and may later reveal itself during the filing proceedings.
Attorneys can’t effectively represent you without knowing all relevant facts about your case.
Document Organization
Organize your documents systematically and provide copies rather than originals when possible. Create a timeline of your time in the United States, including all trips outside the country.
Timely Response
Respond promptly to attorney requests for information or documents. Immigration cases operate under strict deadlines, and delays can jeopardize your case.
Understanding Your Role
While your attorney handles legal strategy and case preparation, you remain responsible for providing accurate information and making informed decisions about your case.
TPS Re-registration and Renewal
TPS status requires regular renewal through re-registration processes. This ongoing requirement makes the attorney-client relationship particularly important for long-term planning.
Re-registration Timing
Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits. This applies to all TPS beneficiaries, including those who were initially granted by USCIS, an Immigration Judge, or the BIA.
Missing re-registration deadlines can result in loss of TPS status and work authorization.
Ongoing Legal Needs
Many TPS holders maintain long-term relationships with their attorneys to handle:
- Regular re-registration applications
- Address changes and other updates
- Responses to USCIS inquiries
- Monitoring of country designation changes
- Exploration of permanent immigration solutions
Conclusion and Next Steps
TPS provides crucial protection for individuals who cannot safely return to their home countries, but navigating the application process requires careful attention to legal requirements and deadlines. Recent political changes have created new urgency around TPS cases, making qualified legal representation more important than ever.
Key Takeaways:
- TPS applications involve complex legal requirements that benefit significantly from professional representation
- Attorney fees typically range from $1,500 to $4,500, plus government filing fees
- Recent TPS terminations have created urgent deadlines for many applicants
- Early consultation with qualified attorneys improves your chances of success
- TPS provides temporary protection but doesn’t automatically lead to permanent residence
Immediate Action Steps:
- Verify Your Eligibility: Check whether your country currently has TPS designation and review basic eligibility requirements.
- Gather Initial Documents: Start collecting identity documents, evidence of U.S. entry, and proof of continuous residence.
- Research Qualified Attorneys: Use professional resources to identify experienced TPS attorneys in your area.
- Schedule consultations: Meet with multiple attorneys to compare experience, fees, and communication styles.
- Act Quickly: Given current political uncertainty around TPS, don’t delay in seeking legal assistance.
The stakes in TPS cases are simply too high to navigate alone. “There’s great fear out there, but people should not wait until the last minute,” advises Joseph, an immigration attorney and city clerk of North Miami, where about one in three residents are of Haitian descent. “They really need to seek legal advice right now.”
Your future in the United States may depend on the decisions you make today. Investing in qualified legal representation provides not just professional expertise, but also peace of mind during an uncertain time. Take the first step by contacting experienced TPS attorneys in your area and begin the process of protecting your legal status in the United States.
Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing, and each case has unique circumstances that require individual analysis. The information contained in this article should not be relied upon as a substitute for professional legal counsel. Always consult with a qualified immigration attorney licensed in your jurisdiction for advice regarding your specific situation. The authors and publishers of this article make no representations or warranties regarding the accuracy, completeness, or timeliness of the information provided and disclaim any liability for actions taken based on the content herein.