The United States government grants citizens of certain designated countries a temporary stay in their country. The citizens may have fled their country due to unrest, and it might be unsafe for them to return.
The individuals can apply for a temporary protected status(TPS) in such a case. To qualify for the immigration benefit, applicants must complete and submit Form I821, Application for Temporary Protected Status.
This guide will outline the process of completing and submitting Form I821, who is eligible to apply, how much it would cost you to apply, and every other aspect of Form I821.
What is Form I821?
Form I821 is used to apply for TPS status by people whom the United States cannot deport to their home country due to unrest or natural calamities. However, they must be nationals of countries that have been designated as unsafe. Such countries may be undergoing the following challenges:
- Experiencing political, social, or economic unrest
- Have suffered a massive impact due to a natural disaster such as an earthquake
- Undergoing certain conditions that are considered out of the ordinary.
- Experiencing conflict such as civil wars.
To know if your country is on the list of TPS countries, visit the USCIS temporary protected status page.
Who Can Complete Form I821?
Any foreigner seeking temporary protected status can complete Form I821, Application for Temporary Protected Status. However, there are some eligibility criteria.
You can file Form I821 if;
- You are a citizen that has been designated for TPS status.
- You have been physically living in the United States since the date the United States designated your country for TPS.
- You do not have a home country, but your last country of residence has been designated for TPS.
- You have not committed more than two misdemeanors during your stay in the United States.
- You are in the United States legally and have not been barred for asylum nor subject to inadmissibility according to the immigration and nationality act section 212(a).
- When applying for individual temporary protection, you should also file Form I765. (request for employment authorization document). The department of homeland security determines the protection status and lists the designated countries that enjoy the immigration benefit.
How Do I Fill Out Form I821?
When filing Form I821, you should read each question carefully and answer truthfully. Remember, you cannot be deported from the United States once you are granted TPS.
Form I821 is divided into 11 parts, each with a set of instructions and different questions. Here is a detailed guide on how to answer them correctly.
Part 1: Type of Application
Question 1. check box 1. A. If you are filing for TPS for the first time and box 1. B if you are renewing
Question 2. inquires whether you applied out of your initiative without going through the deportation proceedings or applied through the board of immigration appeals.
Question 3. inquires if you have requested authorization for employment or a work permit card by submitting Form i765.
Question 4. enquires about the designated country to which you belong.
Part 2. Information About You
You have to provide your details such as full name, other names, U.S mailing address, date of birth, county of nationality, and marital status. The section also asks for your USCIS online account number. If you do not have one, write “Nil” and proceed.
When answering the question about your U.S entry information, provide the most recent arrival in the U.S details. Write “no status ” if you entered the United States lawfully.
When answering your current immigration status, ensure you seek the services of a lawyer, especially if you have been in removal proceedings.
Part 3: Biographic Information
This section requires you to answer self-explanatory questions such as your height, race, ethnicity, hair color, and eye color.
Part 4, 5, and 6: Information About Your Current and Former Spouse and Your Children
If you do not have a current or former spouse or children, proceed to question 7. If you submit your initial TPS application(past deadline), enter identification details for your current and former spouse and children.
Part 7: Eligibility Standards
This part contains 41 questions, and it determines your eligibility for TPS.
Question 1-7. These questions enquire about your nationality, method of entry into the U.S, and the dates. The aim is to verify that you have continuously resided in the U.S since your country of origin was made a designated country.
Question 8-41. These enquire about your criminal history, immigration status, medical challenges, and any other issue. These questions aim to prove that you are not inadmissible to the United States.
Part 8: Applicant’s Statement, Contact, Information, Certification, and Signature
Check the appropriate box if you are fluent in English to prove that you understood all the questions and did not require the help of an interpreter or someone else to prepare the form for you.
You must provide your email address, and contact number affirming that you have verified the documents you provided. You should conclude by signing and dating the form.
Part 9: Interpreter’s Contact Information, Certification, and Signature
If you answered that an interpreter helped you prepare the form in question 8, they must provide their name, email address, contact information, and signature.
Part 10: Contact Information, Declaration, and Signature of the Person Preparing this Application. If Other Than the Applicant
If someone else, such as your attorney, prepared the form on your behalf (as stated in question 8), provide their mailing address, certification, contact information, full name, and signature.
Part 11: Additional Information
If you did not have enough space when answering any of the questions, you can use this space.
How Much Does Form I821 Cost?
You are expected to pay a filing fee when submitting your I821 Form. The table below indicates the costs depending on age and whether you are a first-time applicant or are re-applying. Below is a table that outlines the fees for filing Form I821.
|The Applicant Is||
|Submitting their first TPS application and requesting an EAD||Younger than 14||$50||$0||$0||$50|
|14-65 years old||$50||$85||$0||$545|
|Submitting their first TPS application and are not requesting an EAD||Younger than 14||$50||$0||N/A||$50|
|14 and older||$50||$85||N/A||$135|
|Re-registering for TPS and requesting an EAD||Younger than 14||$0||$0||$410||$410|
|14 and older||$0||$85||$410||$495|
|Re-registering for TPS and not requesting an EAD||Younger than 14||$0||$0||N/A||$0|
|14 and older||$0||$85||N/A||$85|
Where to Go For More Information on Form I821?
For more information on Form I821, visit the United States citizenship and immigration services (USCIS) website. Under the Department of Homeland Security, the agency is responsible for approving or denying applicants Temporary Protected Status (TPS).
You can also file form i765 and form I821 through the USCIS portal and receive Employment Authorization Document. Additionally, you can inquire about your TPS Status through the USCIS case status page any day or night.