How to Complete Form I-821

As per U.S. laws and regulations, certain eligible individuals who are citizens of designated countries can apply for Temporary Protected Status (TPS). The process of TPS involves filling out and submitting form I-821. This guide will explain everything about what TPS is and who can apply for it, and the entire process of submitting form I-821.

What Is Form I-821?

Form I-821 grants nationals of certain countries Temporary Protected Status in the U.S. when it’s not possible for them to be deported to their own country, be it due to safety issues, political, social, or economic unrest. The form is submitted to the United States Citizenship and Immigration Services (USCIS). If approved, it will grant the applicant rights to reside and even work in the U.S. temporarily. However, to work under the TPS designation, applicants must also submit form I-765, Request for Employment Authorization.

Who Needs Form I-821?

Anyone seeking Temporary Protected Status in the U.S. needs to fill out form I-821. However, not everyone can submit the form when they please, and there are some eligibility criteria.

An individual will be eligible for TPS if:

• They are citizens of countries that are designated for TPS.
• They are stateless individuals who last resided in a country designated for TPS.
• They have been physically present and continuously living in the U.S. since the date their country received the latest designation for TPS.
• They have not committed felonies or two or more misdemeanors in the U.S.
• Their stay in the U.S. is under legal grounds, and they are not subject to inadmissibility as per INA section 212(a) or barred from asylum due to reasons such as suspected engagement in criminal activities or terrorism.

Instructions for Completing Form I-821

Form I-821 contains 11 parts in total, with various questions to be answered and personal information to be provided by the applicant in each part. The different sections with instructions for how to fill them out correctly are all explained below:

Part 1: Application Type

The first question instructs you to tick box 1.a. if you’re applying for TPS for the first time or box 1.b. if you’re re-registering.

The second question is only applicable for those who are re-registering and ticked on box 1.b. Here, you’re asked to choose who granted you the TPS previously—the USCIS or the Board of Immigration Appeals.

The third question asks whether or not you’re submitting form I-765 to request authorization for employment.

The fourth question asks which TPS designated country you belong to.

Part 2: Information About You

This part mostly requires you to provide personal details, such as:

• Full name and other names (such as family name or nicknames)
• U.S. mailing address and physical address
• Date of birth (along with an alternate date of birth that you might have used at any point)
• Country/Countries of nationality and residence
• Marital status
• Information about your entry into the U.S.
• Information regarding immigration status

Part 3: Biographic Information

This part requires you to state your ethnicity, race, height, weight, eye color, and hair color.

Part 4: Information About Your Current Spouse; Part 5: Information About Your Former Spouse; Part 6: Information About Your Children

We’ve put these three parts together because all three are only required to be filled out by applicants applying for TPS for the first time and submitting a late application. It’s pretty evident that these parts ask for information about your current and previous marriages and any children you may have.

Part 7: Eligibility Standards

This is the longest part; it contains 41 questions. The first seven questions are about your nationality and the date and method of entry into the U.S. This is supposed to verify that you entered and have been continuously residing in the U.S. since the date your country received its latest TPS designation.

From the eighth question onward, you’re asked about immigration status, criminal history, any actions that may have led to human rights violations, and any medical issues. This is supposed to verify that you’re not, under any condition, deemed inadmissible into the U.S.

If you have been involved in any activity that makes you ineligible or inadmissible, you should never lie or falsify information on form I-821. However, there is one provision for inadmissible individuals to apply for TPS, and that is by truthfully admitting the activities that make them ineligible, then filling out form I-601, Request a Waiver of Admissibility.

Part 8: Applicant’s Statement, Contact, Information, Certification, and Signature

In this part, you must put down whether you are fluent in English and have filled out the form yourself or if it was done with the help of an interpreter or someone else prepared and filed the application for you. You also need to provide your contact number and email address, agree that all the documents and information you submitted have been verified by you, and then finally sign it and write the date.

Part 9: Interpreter’s Contact Information, Certification, and Signature

This part is only applicable if you filled out the form with the help of an interpreter, and you stated that in part 8. You will fill in the interpreter’s name, contact info, and mailing address, along with their signature.

Part 10: Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant

This part is only applicable if someone else prepared and filled out the form on your behalf, and you stated that in part 8. The full name, mailing address, contact information, statement, certification, and signature of the preparer must be entered in this section.

Part 11: Additional Information

The final part is simply there to provide extra space, if needed, for filling in additional information for the answers to any of the questions above.

Form I-821 Filing Checklist

You need to have the following items and documents ready when filing form I-821:

• Accurately filled out form I-821.
• Accurately filled out form I-765 to apply for employment permission.
• Filing fees for form I-821 if it’s your first-time application.
• Proof of identity/nationality, which is usually your passport. If you don’t have one, a birth certificate or any valid national ID card will also be acceptable.
• Proof of date of entry into the U.S., which is usually the date stamped on your passport. If you can’t produce your passport, a travel receipt will also be acceptable.
• Evidence of continuous residence, such as rent receipts, utility bills, school records, etc.
• Evidence of good cause for late submission, if you failed to submit the form during the designated time period and are filing a late application. One example of this is any document that verifies you were applying for some other immigration status.

Read More

• How Do I Speak to a Live Person at USCIS?
• How Many Citizenships Can You Have?
• How Do I Know Which USCIS Service Center?
• How Do I Know If USCIS Received My Application?
• What “Country of Residence” and How to Know Yours When on a Visa
• How to Check Dropbox Eligibility with the App

Conclusion

Even after submitting Form I-821, it’s not guaranteed that your application for TPS will be approved. However, if you’ve filled out all of the information truthfully and accurately and attached all the necessary documents, the chances of your application being rejected will be very low. The information we have provided in this guide should give you a clear idea of how TPS works and how to fill out and submit form I-821.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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