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Secretary of Homeland Security Alejandro Mayorkas has announced a new Temporary Protected Status (TPS) for Haitian nationals continuously present in the U.S. since May 25, 2011. Although Haiti is currently designated for TPS, the previous administration attempted to terminate that designation, and there are ongoing lawsuits regarding this issue. Many who already have Haitian TPS have had their status and Employment Authorization Documents (EADs) automatically extended until October 4, 2021, but the fate of Haitian TPS beyond that date was uncertain. This new designation will not only allow those previously designated to re-apply, but it will also allow many Haitians who were not previously eligible for TPS to now file applications. Those applications must be filed by November 22, 2021.
Secretary of Homeland Security Alejandro Mayorkas also announced a new Temporary Protected Status (TPS) for Burmese (Myanmar) nationals. Burma has not previously been designated for TPS, so everyone applying for this designation will be a new applicant and must apply by November 22, 2021. If you are from Burma and would like to apply for TPS, you must have continually resided in the United States since May 21, 2021, and must have been present in the United States since May 21, 2021.
TPS does not provide a permanent status in the United States, but it does offer safety and protection for many individuals who are not currently able to return to their native countries. With TPS, you can get an employment authorization document that allows to you work legally.
Burma and Haiti now join Syria and Venezuela as the only countries for which new TPS applications are currently being accepted.
In addition to the dates mentioned above, there are other eligibility requirements that must be satisfied to be eligible for TPS. If you are from Haiti or Burma and believe you may qualify for TPS, we encourage you to have a full consultation with one of our attorneys so that we help you determine whether you are eligible for TPS and whether it is the best option for you.