Resources Available to Foreign Nationals Affected by Civil Unrest: Part II

Sometimes natural catastrophes and other extreme situations can occur that are beyond your control. These events can affect your USCIS application, petition or immigration status. USCIS cannot anticipate these events, but will do the best to help you get the benefits for which you qualify.

When requested, the following options may be available to people affected by natural catastrophes and other extreme situations:

Extensions & Changes of Status
USCIS recognizes that when affected by a disaster you may, through no fault of your own, fall out of status. When applying for an extension or change in status due to a disaster, USCIS may consider your request if you show how it is directly connected to the disaster.

Fee Waiver
If you are unable to pay the fee for a USCIS service or benefit, you may request that your fee be waived for certain forms by filing a Request for Fee Waiver, Form I-912 (or a written request).

Employment Authorization
As an academic student, you may need to work off-campus if a disaster has affected your ability to support yourself. The disaster may occur in the United States and prevent you from working on-campus or the disaster may occur overseas and affect your economic support. If you can demonstrate that you are from an affected country or region and you have been recommended for such employment by the Designated School Official (DSO), you may be eligible to receive employment authorization when filing the I-765, Application for Employment Authorization.

Document Replacement
If you have lost your USCIS-issued documents through no fault of your own, you may show your need for replacing the documents.

To replace a/n...	You must file a...
Green Card	Form I-90, Application to Replace Permanent Residence Card, or request interim evidence of permanent residence stamp (I-551 stamp) from a USCIS Field Office
Form I-94	Form I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Record
Employment Authorization Document	Form I-765, Application for Employment Authorization

Abandonment or Failure to Respond to a Request for Evidence
If you have not appeared for an interview or submitted evidence, you may show how the disrupting event affected your connection to USCIS and your ability to appear or submit documents as required.

Expedited Processing
If you need USCIS to consider your request for a service or benefit more quickly, you may make that request when filing or after you file.

DHS Announces 18-Month Extension of Temporary Protected Status for Sudan and Designation for South Sudan

Secretary of Homeland Security Janet Napolitano extended the Temporary Protected Status (TPS) designation for Sudan for 18 months. She also designated the new Republic of South Sudan for TPS for 18 months. Both the extension and the new designation are effective Nov. 3, 2011, and will continue through May 2, 2013.

U.S. Citizenship and Immigration Services (USCIS) strongly encourages nationals from these countries (and persons with no nationality who last habitually resided in either country) to review the Federal Register notices for the extension and the new designation published today and follow the instructions on how to file an initial or re-registration application for TPS.

The Department of Homeland Security (DHS) is also automatically extending the validity of employment authorization documents (EADs) issued under the last extension of Sudan TPS for an additional six months, through May 2, 2012. Any individual who has a valid TPS Sudan EAD is covered by this automatic extension, even though USCIS may ultimately register the individual under the South Sudan TPS designation and issue a new EAD reflecting his or her new nationality.

All affected individuals seeking to obtain or maintain their TPS must file their application package no later than April 10, 2012.

During the past year, DHS and the State Department have reviewed the conditions in Sudan and the Republic of South Sudan—a nation that came into existence on July 9, 2011. Based on this review, Secretary Napolitano has determined that an 18-month extension for Sudan is warranted due to the ongoing armed conflict and the extraordinary and temporary conditions that prompted the last TPS designation of Sudan on Oct. 7, 2004. Secretary Napolitano also designated South Sudan for TPS due to similar ongoing armed conflict and extraordinary and temporary conditions.

TPS only applies to eligible Sudanese or South Sudanese nationals who have continuously resided in the United States since Oct. 7, 2004. There are approximately 340 individuals who DHS anticipates will be eligible either to re-register for TPS for Sudan or to obtain TPS under the South Sudan designation.

All individuals registering for TPS under the new designation for the Republic of South Sudan or re-registering for TPS under the extension for Sudan must file a Form I-821, Application for Temporary Protected Status, and a Form I-765, Application for Employment Authorization, accompanied by any required fees or a fee waiver request. Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the TPS application package.

Further details on the Sudan TPS extension and South Sudan TPS designation, including information regarding the application requirements and procedures, are available at www.uscis.gov/tps and in the Federal Register notices published Oct. 13, 2011.

TPS forms are free and available online at www.uscis.gov/forms or by calling the toll-free USCIS Forms line at 1-800-870-3676. Applicants may also request more information by contacting USCIS’s National Customer Service Center toll-free hotline at 1-800-375-5283.