18-Month TPS Extension Announced for Sudan and South Sudan

On Wednesday, January 9, 2013, Secretary of Homeland Security Janet Napolitano redesignated Sudan and South Sudan for Temporary Protected Status (TPS) and extended the existing TPS designations for the two countries from May 3, 2013, through Nov. 2, 2014. This allows eligible nationals of the two countries to register or re-register for TPS in accordance with notices for Sudan and South Sudan published Wednesday, January 9, 2013, in the Federal Register. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register or re-register as soon as possible. 

Who’s Eligible	Current TPS Status	When to File
Sudanese and South Sudanese nationals (and persons without nationality who last habitually resided in Sudan or South Sudan)	Have TPS	Must re-register during 60-day re-registration period that runs from Jan. 9, 2013, through March 11, 2013.
	Do Not Have TPS	May apply for TPS during a six-month registration period that runs from Jan. 9, 2013, through July 8, 2013.

The extensions and redesignations of Sudan and South Sudan for TPS are based on ongoing armed conflict in that region and the continuation of extraordinary and temporary conditions that led to the TPS designations of Sudan in 2004 and South Sudan in 2011. Secretary Napolitano determined that extending the existing TPS designations, as well as redesignating the two countries for TPS, is warranted based on Department of Homeland Security (DHS) and Department of State reviews of country conditions conducted during the past year.

The Secretary has further determined that it is appropriate to designate Jan. 9, 2013, as the date by which Sudan and South Sudan TPS applicants must show they have continuously resided in the United States (i.e., the "continuous residence date").

DHS anticipates that approximately 300 individuals will be eligible to re-register for TPS under the existing designations of Sudan and South Sudan, and fewer than 4,000 additional individuals will be eligible for TPS under the redesignations.

Individuals applying for TPS for the first time must submit:

               Form I-821, Application for Temporary Protected Status;

               The Form I-821 application fee;

               Form I-765, Application for Employment Authorization, regardless of whether they want an Employment Authorization Document (EAD);

               The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old. Those under age 14 or age 66 and older do not need to pay the I-765 fee with their initial TPS application; and

               The biometrics services fee if they are age 14 or older.

Individuals re-registering for TPS must submit:

               Form I-821;

               Form I-765, regardless of whether they want an EAD;

               The Form I-765 application fee, but only if they want an EAD. All individuals re-registering for TPS who want an EAD must pay the I-765 fee, regardless of their age; and

               The biometric services fee if they are age 14 or older.

Individuals who still have a pending initial TPS application under Sudan or South Sudan do not need to submit a new Form I-821. However, if such individuals currently have a TPS-related EAD and want a new EAD, they should submit:

               Form I-765;

               The Form I-765 application fee, regardless of their age; and

               A copy of the receipt notice for the initial Form I-821 that is still pending.

Applicants may request that USCIS waive any or all fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. Failure to submit the required filing fees or a properly documented fee-waiver request will result in the rejection of the TPS application.

More information on TPS for Sudan and South Sudan - including guidance on eligibility, the application process and where to file - is available online at www.uscis.gov/tps. Further details on the extensions and redesignations of Sudan and South Sudan for TPS, including application requirements and procedures, are available in the Federal Register notices published Wednesday, January 9, 2013, for Sudan and South Sudan, respectively.                                                             

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.