Tifton Temporary Protected Status Lawyer
U.S. immigration law authorizes the Secretary of Homeland Security to designate a foreign country for Temporary Protected Status (TPS) based on armed conflict, natural disasters or other extraordinary and temporary conditions that keep the country’s nationals from returning safely. TPS allows nationals from a designated country to remain in the U.S. and obtain an employment authorization work permit to work in the U.S. without fear of removal (deportation) or ICE detention based on their immigration status.
If you are a foreign national from a TPS-designated country, we can help you obtain TPS and an employment authorization document (EAD) at our Tifton immigration law office. We can also help you apply for nonimmigrant status, an adjustment of status based on an immigrant petition, or apply for other immigration benefits or protection that you may be eligible for. Call our Tifton office at 229-520-8875 to discuss your needs and explore your options.
Below are the countries that are currently designated for Temporary Protected Status.
Myanmar (Burma) is the most recent country designated for TPS. This designation came on March 12, 2021, and lasts for 18 months, after which it may be renewed. The reason given for the designation is a military coup in Myanmar (Burma) where security forces have exercised brutal violence against civilians. TPS applies to individuals already in the U.S. who can demonstrate continuous residence here as of March 11, 2021.
The Trump administration made a decision in 2017 to end TPS for El Salvador, Haiti, Nicaragua and Sudan. This decision was challenged in court (Ramos v. Wolf), and a federal district court in California issued a preliminary injunction barring the termination. The Ninth Circuit Court of Appeals vacated that decision yet has so far failed to direct the district court to make its order effective. Until that happens, TPS remains in effect for El Salvador and the other countries.
A federal court in New York (Saget v. Trump) enjoined the termination of TPS for Haiti, pending a final decision on the merits of the case. As long as the preliminary injunctions ordered by the courts in Ramos v. Nielsen and Saget v. Trump remain in effect, the TPS designation for Haiti remains valid.
Proceedings to terminate TPS for Honduras and Nepal have been stayed by a federal district court in California. A different case in the same court enjoined the attempt to terminate TPS for El Salvador, Haiti, Nicaragua and Sudan. Although that decision was vacated by the Ninth Circuit court of appeals, it still remains in effect at this time. The injunction preventing termination of TPS for Honduras and Nepal remains in effect as well, pending any change in status on the other federal case. Current TPS beneficiaries from Honduras remain protected.
TPS was designated on June 24, 2015, for Nepalis with continuous residence and presence in the U.S. since that date. An action was taken to terminate TPS for Nepal, but this action will not take effect until further notice from USCIS.
Nicaragua is another country whose TPS was to be terminated by the Trump administration, but that action was stayed by a federal court. TPS for Nicaragua remains in effect. The last re-registration period for Nicaraguans with TPS ended on February 13, 2018. Those individuals continue to enjoy protection under TPS.
TPS for Somalia dates back to 1991 when the country became embroiled in a brutal civil war drawn on ethnic lines. Somalis who have had continuous residence in the U.S. since May 1, 2012, and continuous physical presence in the U.S. since September 18, 2012, may be granted TPS.
Trump had moved to terminate TPS for Sudan, but a federal district court issued an injunction prohibiting the government from terminating TPS. An appellate court vacated the district court’s injunction but has not issued a directive to the district court to make its ruling effective, so the injunction remains in place. TPS for Sudan continues as long as the preliminary injunction remains in effect. Requirements for eligibility include continuous residence in the U.S. since January 9, 2013, and continuous physical presence in the U.S. since May 3, 2014. TPS for Sudan was first designated in 1997.
The current TPS designation for South Sudan dates to January 25, 2016, and goes back originally to 2011. To qualify for TPS, South Sudanese nationals must demonstrate a continuous residence in the U.S. since January 25, 2016, and a continuous physical presence in the U.S. since May 3, 2016. TPS for South Sudan has been extended through May 2, 2022.
Syria was initially designated for TPS on March 29, 2012, and has been extended many times. The most current TPS designation began on March 31, 2021, and lasts through September 30, 2022. Syrians who can demonstrate continuous residence in the U.S since March 19, 2021, and continuous physical presence in the U.S. since March 31, 2021, can apply for TPS.
Residents of Venezuela became eligible for TPS on March 9, 2021. Venezuelans who have established continuous residence in the U.S. since March 8, 2021, and continuous physical presence in the U.S. since March 9, 2021, may register for TPS until September 5, 2021. TPS is currently designated through September 9, 2022.
TPS was first designated for Yemen on September 3, 2015. The current TPS designation for Yemen dates to March 4, 2017, and is currently extended through September 3, 2021. Individuals who have maintained continuous residence in the U.S. since January 4, 2017, and continuous physical presence in the U.S. since March 4, 2017, can apply.
Call Shirazi Immigration Law in Tifton for Help With Temporary Protected Status
For help with TPS in Tifton and throughout Southern Georgia, call Shirazi Immigration Law at 229-520-8875 for a consultation.