TPS Registration for Ukraine and Sudan Begins on April 19, 2022

The US DHS Secretary announced today that certain Ukrainians and Sudanese present in the U.S. may apply for 18 months of Temporary Protected Status (TPS) starting April 19, 2022.  The 18 months protection will be from April 19, 2022 through October 19, 2023.

These TPS applicants may also apply for Employment Authorization Document (EAD) for the same duration.  Ukrainians and Sudanese may use the EAD to apply for driver's licenses and also social security number.  

Ukrainians

Previously, DHS announced that Ukrainians who came after March 1st would not be eligible for TPS. The new announcement has extended this deadline until  April 11.  Ukrainians must demonstrate  continuous residence in the United States since April 11, 2022 to be eligible for TPS.

DHS has also suspended certain employment authorization rules for Ukrainian students in F-1 status if they can establish severe economic hardship as a direct result of the ongoing armed conflict in Ukraine.

Approximately 59,600 Ukrainians currently present in the United States may be eligible for TPS under the designation of Ukraine. 

For Ukrainians outside the United States, they will not be eligible for TPS under this designation, even if they are able to enter the U.S. later on.  These Ukrainians must apply for a visa or use other immigration status to enter and stay in the U.S. legally.

Sudanese

Sudanese may also apply for TPS starting April 19, 2022.  To be eligible under the Sudan designation, applicants must prove their continuous residence in the United States since March 1, 2022.  Those who arrived after March 1 would not be eligible for TPS.  There are estimated 3,090 Sudanese currently present in the U.S. who may be eligible for TPS.  Eligible applicants may also apply for EADs for the same 18-month duration of TPS. 

It is important to note that TPS is not a permanent immigration status and may or may not be extended in the future.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

TPS Statuses Extended By Court Injunction

Nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan holding TPS will have their legal status extended while the preliminary injunctions of Ramos, et al. v. Nielsen and  Saget, et al., v. Trump, et al. are in effect. 

Temporary protected status, or TPS, is given to nationals of countries that the Secretary of Homeland Security deems unsafe for return due to reasons such as war or epidemic. These ongoing lawsuits challenge the termination of TPS for the aforementioned countries and have resulted in a temporary extension for TPS expiration dates. 

EADs with code A-12 or C-19 are extended through January 4, 2021, as are I-94s and I-797s issued under TPS. 

The extension applies only to EADs with an expiration date of one of the following:

07/22/2017 | 11/02/2017 |
01/05/2018 | 01/22/2018 | 03/09/2018 | 06/24/2018 | 07/05/2018 | 11/02/2018 |
01/05/2019 | 04/02/2019 | 06/24/2019 | 07/22/2019 | 09/09/2019 |
01/02/2020 | 01/05/2020 | 03/24/2020 |

Forms I-94 and I-797 from certain dates of validity will have their expiration date extended to January 4th, 2021. The Federal Register notice lists them as follows:

The TPS holder must remain eligible for his/her status during this extended period. Applicants must have filed for re-registration of TPS during the most recent DHS-announced period or have their re-registration pending. 

The extension is temporary and the court cases ongoing. Should TPS go on to be eliminated for these countries, it would take place at least a certain number of days after appellate mandate to the district court.  For Honduras, Nepal, Nicaragua, Haiti and Sudan, termination would be at least 120 days from any court decision. Elimination of TPS for El Salvador would take place at least 365 days from issuance of a court mandate. This is to provide some time for affected TPS holders to take action before they lose status. 

For now, TPS nationals of the affected countries should stay updated on the latest changes. They can work with an experienced immigration attorney to see what their options are, depending on which direction the cases go.