Department of Homeland Security Announces Process
With military conflict raging in both the Ukraine and Sudan, a wave of refugees is expected to seek protection in the United States. In mid-April, the Department of Homeland Security (DHS) announced a registration process for individuals from those countries to obtain “Temporary Protected Status (TPS).” Those who qualify for TPS status have 18 months to register, as the program stops accepting applications on October 19, 2023. Immigration officials anticipate that up to 60,000 Ukrainians have already come to the United States to escape the war-torn area, and approximately 3,000 have emigrated from the Sudan for similar reasons.
The TPS Registration Process for Ukrainian Nationals
Under the guidelines established by DHS, a Ukrainian citizen seeking Temporary Protected Status must have resided continuously in the United States since April 11, 2022, and must have maintained a physical presence in the United States since the designation date in the Federal Register notice. The TPS registration process is not, therefore, available to Ukrainian citizens who have fled to other countries, but who are not currently in the United States. Those individuals may, however, be able to apply for a visa or seek asylum in the United States through an American consulate.
The Registration Process for People Seeking Temporary Protected Status from the Sudan
Sudanese nationals who seek Temporary Protected Status must demonstrate that they have continually resided in the United States since March 1, 2022, and have had a physical presence here since the designation date in the Federal Register notice. Sudanese who entered the United States after March 1 may not seek TPS under the newly announced process, and may be subject to removal or deportation if they remain in the United States illegally.
The Forms that Must Be Completed to Obtain Temporary Protected Status
Ukrainians and Sudanese who meet the eligibility requirements must complete and submit Form I-821, Application for Temporary Protected Status. The application and all supporting documents may be filed anytime during the 18-month period. Form I-765, the Application for Employment Authorization, may be filed simultaneously with the Application for Temporary Protected Status. The Application for Employment Authorization gives a foreign national permission to work in the United States for a specific period of time. Under American immigration laws, all employers must verify that employees, irrespective of national origin or citizenship, have been authorized to work in the United States.
Contact the Proven Immigration Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we offer a free initial consultation to every client. To speak with a knowledgeable immigration lawyer, contact us by email or call our offices at 844-402-2992. We will take your call 24 hours a day, seven days a week.
