DHS Designates Afghanistan for Temporary Protected Status for 18 Months

On March 15, 2022, the Department of Homeland Security (DHS) designated Afghanistan for Temporary Protected Status (TPS). This designation lasts for 18 months from the date the designation is published in the Federal Register. 

Are you eligible? 

Nationals of Afghanistan residing in the U.S. are eligible for TPS if they meet the following requirements: 

1. You must have continuously resided in the U.S. as of March 15, 2022; 

2. You must file you application for TPS within the registration period; 

3. You must establish that you are otherwise eligible for TPS. There are certain bars to eligibility which an attorney can discuss with you if you are interested in applying for TPS. 

If you have questions about your eligibility for TPS, please contact us at www.fourcornerslaw.com or 503.446.3396.

Ukraine Designated for Temporary Protected Status

On March 3, 2022, the Department of Homeland Security (DHS) designated Ukraine for Temporary Protected Status (TPS). This designation lasts for 18 months from the date the designation is published in the Federal Register. As of the date of this article, the designation has not been published in the Federal Register.

The Secretary of DHS stated that, “Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries. In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.” In response to this crisis, DHS has designated Ukraine for TPS. If you are granted TPS, you are in lawful status for the period of your TPS and are eligible for employment authorization.  

Are you eligible? 

Ukrainian nationals residing in the U.S. are eligible for TPS if they meet the following requirements: 

1. You must have continuously resided in the U.S. as of March 1, 2022; 

2. You must file you application for TPS within the registration period; 

3. You must establish that you are otherwise eligible for TPS. There are certain bars to eligibility which an attorney can discuss with you if you are interested in applying for TPS. 
   If you have questions about your eligibility for TPS, please contact us at www.fourcornerslaw.com or 503.446.3396.

TPS Extended for Certain Countries

USCIS issued a notice announcing the extension of Temporary Protected Status (TPS) for the following countries: (1) El Salvador; (2) Haiti; (3) Nicaragua; (4) Sudan; (5) Honduras; and (6) Nepal. If you are the beneficiary of TPS from one of these countries, that means that USCIS has automatically extended your employment authorization document (work card). USCIS has also extended I-94s for TPS beneficiaries from the above countries. 

For beneficiaries of TPS from the above-listed countries, USCIS has extended the validity of employment authorization through December 31, 2022 provided the authorizations were issued during a certain time frame. If you have questions about the validity of your TPS or work authorization, you should contact an attorney to review your documentation. 

Biden Administration Designates Venezuela for Temporary Protected Status for 18 Months

On March 8, 2021, the Department of Homeland Security (DHS) designated Venezuela for Temporary Protected Status (TPS). This designation lasts for 18 months, until September of 2022. By doing this DHS is recognizing the extraordinary but hopefully temporary situation for Venezuelan nationals currently residing in the U.S. DHS found that many factors prevent Venezuelan nationals from returning to Venezuela safely, such as a widespread humanitarian crisis, which has caused starvation, a growing number of non-state armed groups, repression, and a crumbling infrastructure. 

The Secretary of DHS stated that, “The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens.” In response to this crisis, DHS has designated Venezuela for TPS. If you are granted TPS, you are protected from removal for the period of your TPS and are eligible for employment authorization.  

Are you eligible? 

Venezuelan citizens residing in the U.S. are eligible for TPS if they meet the following requirements: 

1. You must have continuously resided in the U.S. as of March 8, 2021; 

2. You must file you application for TPS within the 180-day registration period; 

3. You must establish that you are otherwise eligible for TPS. There are certain bars to eligibility which an attorney can discuss with you if you are interested in applying for TPS. 

   If you have questions about your eligibility for TPS, please contact us at www.fourcornerslaw.com or 503.446.3396.

Court of Appeals Clears Path for Trump Administration to End TPS

Temporary Protected Status, or “TPS,” has long been targeted by the Trump Administration as a program it would like to terminate. TPS is available to nationals of certain countries that the Department of Homeland Security has designated as a country to which it is not safe to return or which cannot handle the return of their citizens. In 2018, the government attempted to end TPS for nationals of Sudan, Nicaragua, Haiti, and El Salvador. The government also attempted to end TPS for Nepal and Honduras. A court prevented the government from ending TPS for Sudan, Nicaragua, Haiti, and El Salvador. After that ruling came down, the government also paused its plans to end TPS for Nepal and Honduras while they appealed the court’s decision. 

The government appealed the order causing them to postpone ending TPS for the above-mentioned countries to the Ninth Circuit Court of Appeals. Unfortunately, the Ninth Circuit held that even though there was evidence that Trump displayed racial animus toward non-white, non-European immigrants, there was no evidence that he sought to influence phasing out TPS. Therefore, barring Supreme Court intervention, the administration is now free to proceed with its plans to phase out TPS. 

The government has not yet issued guidance regarding how it plans to implement phasing out TPS. However, you can check this page on the USCIS website for updates. If you have TPS and are curious how this will impact you, please call or email us.