On March 2, 2022, the Department of Homeland Security (DHS) announced the designation of Sudan and South Sudan to Temporary Protected Status (TPS). The provisional period for this status is 18 months. Enrollment began on April 19, 2022, and continues through October 19, 2023. The news was released on April 19 by the Federal Register, which published a TPS notice for Sudan describing how to register for TPS under the country’s designation. As of April 19, any Sudanese national is eligible to apply for TPS.
What are the reasons for designating a country for TPS?
A country may be designated for TPS when conditions in that country reduce to one or more of the three legal requirements for designation. These requirements include:
Ongoing armed conflict within the state posing a serious threat to the personal safety of nationals if they are returned;
Earthquake, flood, drought, epidemic or other environmental disaster resulting in substantial but temporary disruption of living conditions in the affected area; or
Extraordinary and temporary conditions in the foreign state preventing its nationals from returning safely.
What are the benefits to Sudanese nationals in the U.S. when their country of origin is designated as TPS?
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Considering all of the above security and environmental issues, DHS has stated that Sudan’s designation for TPS is motivated by the fact that Sudan is experiencing political instability and South Sudan continues to have armed conflict, qualifying both countries for TPS.
During the TPS designation period, beneficiaries or those found eligible for TPS at the initial review of their case cannot leave the United States. They can therefore obtain work authorization; and can also obtain travel authorization. Once a person has been granted TPS, he or she cannot be detained by DHS based on his or her immigration status in the United States.
What are the requirements for Temporary Protected Status (TPS)?
Individuals from Sudan are eligible for TPS under this recent designation if they have continuously resided in the United States since March 1, 2022 and have been continuously physically present in the United States since April 19, 2022. Sudanese nationals who attempt to travel to the United States after March 1, 2022 will no longer be eligible for TPS. DHS estimates that 3,090 individuals currently in the United States may be eligible for TPS under the Sudanese designation.
How do I register for TPS?
Applicants submitting their first TPS application must submit a Form I- 821, Application for Temporary Protected Status and pay the $50.00 filing fee. Applicants 14 years of age or older must also pay a biometrics fee of $85.00. Applicants may file Form I-912, Application for Fee Waiver if they are requesting consideration of fee waiver requests due to an inability to pay. Mail filing and online filing can be done if applicants already have a USCIS online account.
How do I apply for work authorization?
Applicants seeking employment authorization must file Form I-765, Application for Employment Authorization. Applicants between the ages of 14 and 65 must pay a $410.00 application fee. GST applicants may file this form with their GST application, or at a later date, provided their GST application is still pending or has been approved. Applicants may file Form I-912, Fee Waiver Request if they are requesting consideration of fee waiver requests due to an inability to pay. If applicants create a USCIS online account, they may use mail or online filing. These 2 means of registration are available.
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