USCIS Announces Temporary Protected Status for Syria

Due to the violent upheaval and deteriorating situation in the Syrian Arab Republic (Syria), U.S. Citizenship and Immigration Services (USCIS) announced March 29 that eligible Syrian nationals (and persons without nationality who last habitually resided in Syria) in the United States may apply for Temporary Protected Status (TPS). Details and procedures for applying for TPS are provided in the Federal Register notice published March 29 and are available at www.uscis.gov/tps.

On March 23, 2012, Secretary of Homeland Security Janet Napolitano announced her intent to designate Syria for TPS for eighteen months. The TPS designation for Syria is effective March 29, and will remain in effect through September 30, 2013. The designation means that eligible Syrian nationals will not be removed from the United States, and may request employment authorization. The 180-day TPS registration period begins March 29, and ends on September 25, 2012. Although the Federal Register notice erroneously states that TPS applications must be filed March 29, 2012 through September 30, 2013, USCIS will only accept applications filed through September 25, 2012. USCIS is working to correct the public information on the registration deadline date.

To be eligible for TPS, Syrians must meet all individual requirements for TPS, including demonstrating that they have continually resided and been continually physically present in the United States since March 29, 2012. All individuals who apply for TPS will undergo a thorough security check. Individuals with criminal records or who pose a threat to national security are not eligible for TPS and their applications will be denied. The eligibility requirements are fully described in the Federal Register notice and on the TPS webpage at www.uscis.gov.

Syria joins El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, and South Sudan as countries currently designated for TPS.

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.