Yesterday, the Department of Homeland Security (DHS) posted today two Federal Register notices on Temporary Protected Status (TPS) for Ukraine and Sudan. These notices provide information about how to register for TPS under each country’s designation. The registration process for both countries begins today and all individuals who want to request TPS under the designation either of these countries must file an application.
About eligibility under the Ukraine designation:
- Individuals must demonstrate their continuous residence in the United States since April 11, 2022, and continuous physical presence in the United States since the designation date in the Federal Register notice.
- USCIS estimates 59,600 currently in the United States individuals may be eligible for TPS under the designation of Ukraine.
- Ukrainian nationals currently outside the United States are not eligible for TPS under this designation, and they will not become eligible by relocating to the United States in the coming weeks. Ukrainians are encouraged instead to apply for a visa or other legal pathway at a U.S. consulate abroad.
About eligibility under the Sudan designation:
- individuals must demonstrate their continuous residence in the United States since March 1, 2022, and continuous physical presence in the United States since the designation date in the Federal Register notice.
- Individuals arriving in the United States after March 1, 2022, are not eligible for TPS under this designation and may be subject to removal if they have no other authorization to be in the United States.
- USCIS estimates 3,090 individuals may be eligible for TPS under the designation of Sudan.
- This includes an estimated 2,390 newly eligible individuals as well as an estimated 700 current TPS Sudan beneficiaries, whose TPS-related documentation has been automatically extended pursuant to court orders through at least Dec. 31, 2022.
- These individuals must file a new application for TPS under the new Sudan designation to avoid losing protection if the court injunctions are lifted.
Per USCIS instructions, “individuals applying for TPS under the Ukraine or Sudan designations must submit Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from April 19, 2022, through Oct. 19, 2023. Ukraine and Sudan TPS applicants are eligible to file Form I-821 online. When filing a TPS application, applicants can also request an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821. Applicants may also submit Form I-765 online.”