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Fact Sheet: Temporary Protected Status for Sudan
Posted on Sep 14 2023
Updated on and current as of September 8, 2023. This is not legal advice.
UPDATE: On September 8, 2023, the Department of Homeland Security (DHS) extended the re-registration period for Sudan until April 19, 2025.
On August 18, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Sudan for Temporary Protected Status (TPS) for 18 months. This extension and redesignation will be in effect from Oct. 20, 2023, through April 19, 2025. For additional information, please see the Federal Register notice.
What is temporary protected status (TPS)?
TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.
During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.
What does the extension of TPS for Sudan mean? UPDATED
If you have TPS under the Sudan designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period. The re-registration period for existing beneficiaries runs until April 19, 2025. The Federal Register notice (FRN) provides further details. A new FRN for this re-registration extension will be published soon.
Recognizing that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires, U.S. Citizenship and Immigration Services (USCIS) is automatically extending EADs previously issued through October 19, 2024.
What does the redesignation of TPS for Sudan mean?
If you are a Sudan national and have never had TPS, you can now apply for TPS if you have lived in the United States continuously since August 16, 2023
Other eligibility criteria are detailed in the Federal Register notice. All individuals applying for TPS undergo security and background checks as part of determining eligibility. The Federal Register notice will explain the eligibility criteria applicants must meet and describe procedures necessary to submit an initial TPS application and apply for work authorization documentation.
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 do I apply for TPS? UPDATED
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.
If you have TPS and are applying for an extension of your TPS under the Sudan designation your re-registration period runs from August 21, 2023, through April 19, 2025.
If you do not have TPS and are applying for TPS under the Sudan designation for the first time, your registration period runs from August 21, 2023, through April 19, 2025.
More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN). A new FRN for this re-registration extension will be published soon.
How long will eligible individuals have protection under TPS?
TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating Sudan for TPS for an 18-month period effective on October 20, 2023 and will remain in effect for eighteen months, through April 19, 2025. That said, TPS status can be extended.
I am from Sudan, and I currently have TPS under the 2022 designation. Should I apply for TPS under this redesignation?
No, you do not need to file a new TPS application under this redesignation, but you need to reregister during the reregistration period August 21, 2023 to April 19, 2025 to maintain your TPS.
I am from Sudan, and I currently have TPS under the 2013 designation. Should I apply for TPS under this redesignation?
Yes, you should consider filing an initial TPS application under this redesignation. If granted, you will retain TPS under this designation regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.
I am from Sudan and do not have TPS. Can I apply?
Maybe. If you have continuously resided in the United States as of August 16, 2023, and you are otherwise eligible, you may register for TPS during the registration period for first-time applicants. Talk to an immigration attorney to further discuss your specific situation.
Does TPS Status provide a path to permanent residency?
No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.
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The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.