Temporary Protected Status (TPS) in South Dakota in… | CGMIMM
Immigration · SD
Temporary Protected Status (TPS) in South Dakota
South Dakota immigrants from designated countries can apply for Temporary Protected Status (TPS) — temporary protection from removal + work authorization, but program subject to ongoing political + legal challenges.
Published May 9, 2026
## Temporary Protected Status (TPS) in South Dakota
**Temporary Protected Status (TPS)** is a federal immigration status granted to nationals of designated countries facing armed conflict, environmental disaster, or other extraordinary conditions. South Dakota TPS recipients receive temporary protection + work authorization.
## Designated countries
**Currently designated (subject to change):**
- El Salvador
- Haiti
- Honduras
- Nicaragua
- Somalia
- South Sudan
- Sudan
- Syria
- Yemen
- Venezuela
- Burma (Myanmar)
- Ukraine
- Cameroon
- Ethiopia
- Lebanon
- Specific to current designations
**Always check current designations** — DHS adjusts periodically.
## Eligibility
**To qualify:**
**Country of origin:**
- Currently designated TPS country
- Specific designation period
- Specific to country
**Continuous physical presence:**
- Continuously in US since specific date
- Specific to country designation
- Brief, casual, innocent absences OK
- Specific to circumstances
**Continuous residence:**
- Continuously residing in US since specific date
- Specific to country
- Specific to circumstances
**Filed within registration period:**
- Specific to country designation
- Specific re-registration periods
- Late initial filing rules
- Specific procedures
**No disqualifying convictions:**
- No felonies
- No 2+ misdemeanors
- No security threats
- Specific to circumstances
## What TPS provides
**Benefits:**
**Protection from removal:**
- Cannot be deported during designation
- Specific to status
- Continuing during designation
**Employment authorization:**
- EAD card
- Specific to TPS
- Renewable
- Standard work authorization
**Travel:**
- Advance parole sometimes
- Specific procedures
- Re-entry permitted
- Specific to circumstances
**Driver's license:**
- Most states allow
- Specific to ${s.name}
- Specific procedures
- TPS recipients eligible
**Some federal benefits:**
- Limited
- Specific to programs
- Specific eligibility
- Specific exceptions
## Limitations of TPS
**Not a path to permanent status:**
- Temporary by definition
- Cannot apply to green card through TPS alone
- Specific limitations
- Continuing political uncertainty
**Sanchez v. Mayorkas (2021):**
- TPS doesn't satisfy lawful entry requirement
- Major Supreme Court ruling
- Limits adjustment of status
- Significant impact
**Travel risk:**
- Pre-2021 TPS travel could create lawful entry
- Post-Sanchez complications
- Specific to circumstances
- Strategic considerations
## Application process
**Initial application:**
**1. Form I-821 + I-765:**
- TPS application
- Work authorization application
- Filed together
- Specific fees
**2. Documentation:**
- Identity (passport, etc.)
- Nationality (birth certificate, etc.)
- Continuous presence (records)
- Continuous residence (records)
- Specific to country
**3. Biometrics:**
- Fingerprints
- Photograph
- Background check
- Specific procedures
**4. USCIS review:**
- 6-12 months typical
- Sometimes faster (administrative)
- RFEs possible
- Specific to case
**5. Approval / denial:**
- Specific decision
- Specific to circumstances
- Appeal options limited
**Re-registration:**
- Periodic (varies)
- Specific to designation
- Specific procedures
- EAD renewal
- Continuing eligibility
## Costs
**Filing fees (2025):**
- I-821 (initial): $50
- I-821 (re-registration): $0 fee but biometrics fee
- I-765 (employment authorization): $470
- Biometrics: $85
- Total typical: $500-$600 per cycle
**Attorney fees:**
- $500-$2,000 typical for application
- Specific to complexity
- Specific to ${s.name}
- Some pro bono available
**Re-registration:**
- Lower costs typically
- Specific to circumstances
- Specific procedures
## Country-specific considerations
**Major TPS country issues:**
**Haiti:**
- Significant TPS population
- Continuing crisis
- Specific designation
- Specific procedures
**El Salvador:**
- Largest TPS population
- Periodic threats to terminate
- Specific litigation history
- Continuing protection
**Venezuela:**
- Recent designation
- Specific procedures
- Specific to circumstances
- Continuing crisis
**Ukraine:**
- Recent designation
- Specific procedures
- Specific to crisis
- Recent expansions
**Other countries:**
- Specific to designation
- Specific procedures
- Specific to circumstances
- Always check current
## Termination + extension
**DHS authority:**
- Designate / extend / terminate
- Specific procedures
- 18-month maximum periods
- Discretionary
- Subject to legal challenges
**Termination process:**
- 60-day notice typically
- Specific procedures
- Wind-down period
- Specific to circumstances
**Litigation:**
- TPS holders + advocates often sue
- Specific to terminations
- Specific litigation history
- Sometimes successful
## Long-term path
**Limited options:**
**Marriage to USC:**
- May provide path
- Specific to circumstances
- Specific to entry / status
- Strategic considerations
**Asylum:**
- 1-year filing deadline (with exceptions)
- Specific to country conditions
- See asylum guide
- Specific eligibility
**Cancellation of removal:**
- 10-year continuous presence
- Specific requirements
- See cancellation guide
**Employment-based:**
- Specific limitations
- Specific employer sponsorship
- Specific to circumstances
**Family-based (other paths):**
- Specific to circumstances
- Specific procedures
- Specific complications
## Strategic considerations
**For TPS holders:**
**Maintain status:**
- Re-register on time
- Maintain documentation
- Specific to country
- Continuing eligibility
**Plan for future:**
- Look for permanent path
- Specific to family situation
- Specific to employment
- Strategic considerations
**Don't travel without advance parole:**
- Specific procedures
- Specific to current law
- Strategic considerations
- Specific risks
**Document everything:**
- Continuous presence
- Continuous residence
- All records
- Specific to renewals
## ${s.name} state benefits
**State-level benefits:**
- Driver's license access
- Specific to ${s.name}
- Some state benefits
- Specific procedures
**Sanctuary cities / states:**
- Limited cooperation with ICE
- Specific to ${s.name}
- Specific to local jurisdictions
- Specific procedures
## Common issues
**Documentation problems:**
- Specific to country
- Specific to crisis
- Original documents difficult
- Specific to circumstances
**Continuous presence proof:**
- Records sometimes hard
- Specific to country of origin
- Specific to evidence
- Witness affidavits sometimes
**Late initial registration:**
- Limited circumstances
- Specific procedures
- Specific to circumstances
- Specific exceptions
**Out-of-status periods:**
- Specific impacts
- Specific to circumstances
- Specific to procedures
- Strategic considerations
## Resources
**Free legal help:**
- AILA pro bono program
- Catholic Charities
- Lutheran Immigration
- ${s.name}-specific organizations
- Country-specific programs
- University clinics
**Specific to country:**
- Country-specific organizations
- Specific consulates
- Specific to circumstances
- Specific resources
## What you should do
If you're TPS-eligible in South Dakota: apply during registration period, hire immigration attorney if possible (or use free legal help). Maintain status meticulously. Plan long-term path strategically. Many South Dakota immigration attorneys handle TPS. Don't travel without advance parole. Specific to country designations.
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*This guide is general information about US federal immigration law as of mid-2026 and is not legal advice. TPS is technical + politically sensitive. Talk to a licensed immigration attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.