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Fact Sheet: Temporary Protected Status for Somalia
Posted on Mar 20 2023
This fact sheet is current as of March 13, 2023.
xaashida xaqiiqda: maqaam ilaalin ku meel gaar ah oo loogu talo galay Somaliya
On January 12, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Somalia for Temporary Protected Status (TPS) for 18 months. This extension and redesignation will be in effect from March 18, 2023, through September 17, 2024.
The extension of TPS for Somalia allows approximately 430 current beneficiaries to keep TPS through September 17, 2024, if they continue to meet TPS eligibility requirements. Redesignation allows Somali nationals continuously residing in the United States as of January 11, 2023, to apply for TPS, so long as they meet all eligibility requirements.
What is temporary protected status (TPS)?
The Secretary of the Department of Homeland Security (DHS) grants TPS to individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries.
During the designated TPS period, TPS holders can live in the United States and should not be detained by DHS just on the basis of their immigration status. TPS holders are eligible to apply for an employment authorization document (EAD) and for travel authorization.
What does the extension of TPS for Somalia mean?
If you have TPS as a Somali national, you can apply to extend TPS. To receive the TPS extension, you must re-register for TPS by applying before May 12, 2023*. If approved, your TPS and EAD will be extended until September 17, 2024.
*You MUST re-register during the re-registration period March 13, 2023 to May 12, 2023. Do not wait to re-register until your Employment Authorization Document (EAD) expires.
What does the redesignation of TPS for Somalia mean?
If you are a Somalia national and never had TPS, you can now apply for TPS for the first time. If you have lived in the United States continuously since January 11, 2023, you may apply for TPS during the registration period from March 13, 2023, until September 17, 2024. You must also meet the eligibility requirements.
How do I apply for TPS?
People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an initial TPS application and apply for an EAD can be found in the Federal Register Notice (FRN).
Is TPS status given automatically?
No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.
How long will eligible individuals have protection under TPS?
TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is designating Somalia for TPS for 18 months, until September 17, 2024.
I am from Somalia and have TPS, can I apply to extend it?
Yes. Under Somali TPS, individuals who already have TPS must apply to extend their TPS.
I am from Somalia and do not have TPS, can I apply for the first time?
Maybe. If you have continuously resided in the United States since January 11, 2023, and you are otherwise eligible, you may register for TPS during the registration period. Talk to an immigration attorney to further discuss your specific situation.
I am from Somalia and have been in the United States since before January 11, 2023, but I have left for short periods of time. Can I apply for TPS?
Maybe. Whether you still qualify for TPS depends on the length and nature of your time outside of the United States. Please contact an immigration attorney to discuss your situation further.
I am from Somalia, and I came to the United States as a refugee. Do I need to apply for TPS?
No. People who are in the United States with refugee status can live and work here and apply for permanent resident status after one year. If you have refugee status, you do not require TPS.
I am from Somalia, and I now have a green card. Do I need to apply for TPS?
No. As a permanent resident, you have legal status in the United States and are on a path to citizenship. You do not need and would not qualify for TPS.
I am from Somalia, and I am in deportation proceedings. Can I apply for TPS to avoid deportation?
Yes. A person in removal proceedings can apply for TPS, and if approved, can request that the judge put the removal case on hold until TPS is approved, and then for the time it is in effect. Talk to an immigration attorney to further discuss your specific situation.
I am from Somalia, and the police have given me tickets here. Can I apply for TPS?
Maybe. You should show your tickets, police reports, and court records to an immigration attorney before filing. A person with two misdemeanors or one felony conviction cannot get TPS. An attorney can tell you if the tickets will be a problem.
Which people from Somalia should consider applying for TPS?
People who are here with no legal status should consider applying. Also, those who are here on a visa that is for a limited time or that does not allow employment might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything.
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