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Fact Sheet: Temporary Protected Status (TPS) for Burma

Posted on Mar 27 2024

This fact sheet was originally published on 6.9.2021 and was updated on 3.25.2024. It is not legal advice.

On Friday, March 22, 2024, Secretary of Homeland Security Alejandro N. Mayorkas announced an extension and redesignation of Temporary Protected Status (TPS) for Burma for an additional 18 months, from May 26, 2024, through November 25, 2025. The corresponding Federal Register Notice (FRN) gives information about how to register as a new or current TPS holder.

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 are allowed to live in the United States and cannot be detained by DHS just based on 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 Burma (Myanmar) mean?

If you have TPS under the current designation for Burma, you can apply to extend TPS. To receive the TPS extension, you must re-register for TPS by applying during the 60-day re-registration period from March 25, 2024, through May 24, 2024. If approved, your TPS and EAD will be extended until November 25, 2025. The FRN provides more details.   

Note: It is important for TPS holders to re-register during the registration period. Do not wait until your Employment Authorization Document (EAD) expires. This could result in gaps in your employment authorization documentation.

What does the re-designation of TPS for Burma (Myanmar) mean?

If you are a Burmese (Myanmar) national and have never had TPS, you can now apply for the first time if you have lived in the United States continuously since March 21, 2024. You can apply for TPS during the first-time registration period. You must also meet the eligibility requirements. If you left for any reason, talk to an immigration attorney.

The first-time registration period for new applicants under the Burma (Myanmar) TPS redesignation is from March 25, 2024, through November 25, 2025. Other eligibility requirements are described in the FRN.

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.

If you currently have Burmese TPS: The re-registration period for current TPS for Burma holders is from March 25, 2024, through May 24, 2024.

If you are applying for Burmese TPS the first time: The first-time registration period for new applicants is from March 25, 2024, through November 25, 2025.

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 for Burma?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas extended and redesignated Burma (Myanmar) for TPS until November 25, 2025. TPS status can, however, be extended.

I have been in the United States since before March 21, 2024, 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 Burma (Myanmar), and I came to the United States as a refugee. Do I need to apply for TPS? 

No. People who are in the US with refugee status can live and work here and apply for permanent resident status after one year. They do not require TPS.

I am from Burma (Myanmar), 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 US and are on a path to citizenship. You do not need and would not qualify for TPS.

I am from Burma (Myanmar), 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.

*If you are from Burma (Myanmar) and came to the United States on a F1 student visa, contact your school’s international student office for more information.

 

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