Tuesday, September 23, 2014

Extension of Temporary Protected Status for Sudan

From USCIS: Secretary of Homeland Security Jeh Johnson will re-designate South Sudan for Temporary Protected Status (TPS) and extend the existing TPS designation for the country from Nov. 3, 2014, through May 2, 2016. This allows eligible nationals of South Sudan (or persons without nationality who last habitually resided in South Sudan) to register or re-register for TPS in accordance with the notice published in the Federal Register.

Current South Sudanese beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from Sept. 2, 2014, through Nov. 3, 2014. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day period begins. USCIS will not accept applications before Sept. 2, 2014.

Who’s EligibleCurrent TPS StatusWhen to File
Current TPS beneficiaries from South SudanHave TPSTo extend your TPS, you must re-register during a 60-day re-registration period that runs fromSept. 2, 2014, through Nov. 3, 2014.
South Sudan nationals and persons without nationality who last habitually resided in South Sudan, who have:
  • Continuously resided in the United States since Sept. 2, 2014, and
  • Been continuously physically present in the United States since November 3, 2014
Do Not Have TPSTo obtain TPS, you may apply for TPS during a 180-day initial registration period that runs from Sept. 2, 2014, through  March 2, 2015.

During the past year, the Department of Homeland Security and the Department of State reviewed the conditions in South Sudan. Based upon this review, Secretary Johnson determined that a re-designation and 18-month extension of TPS for South Sudan is warranted due to the significant deterioration of conditions in that country and the inability of its nationals to return in safety. The extension and re-designation of South Sudan for TPS are based on ongoing armed conflict in that country and the continuation of extraordinary and temporary conditions that led to the country’s most recent TPS designation in 2013.

South Sudanese nationals, or persons having no nationality who last habitually resided in South Sudan, may be eligible for TPS under the re-designation if they continuously resided in the United States since Sept. 2, 2014, and have been continuously physically present in the United States since November 3, 2014. In addition, applicants must meet all other TPS eligibility and filing requirements.

The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible South Sudan TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of May 2, 2016. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS South Sudan EADs bearing a Nov. 2, 2014, expiration date for an additional six months. These existing EADs are now valid through May 2, 2015.

DHS anticipates that there are approximately 20 individuals who will be eligible to re-register for TPS under the existing designation of South Sudan and estimates that between 300 to 500 additional individuals might be eligible for TPS under the re-designation.

Individuals applying for TPS for the first time must submit:
Individuals re-registering for TPS must submit:
  • Form I-821, Application for Temporary Protected Status;
  • Form I-765, Application for Employment Authorization, 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 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, Application for Employment Authorization;
  • 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. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee-waiver request.

All USCIS forms are free. Applicants can download these forms from the USCIS website at www.uscis.gov/forms or request forms by calling USCIS toll-free at 1-800-870-3676.

Additional information about TPS for South Sudan—including guidance on eligibility, the application process and where to file—is available online at www.uscis.gov/tps. The Federal Register notice published today  contains further details about this extension and re-designation of South Sudan for TPS, including application requirements and procedures, and the six month auto-extension of current TPS South Sudan EADs.

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