This fact sheet is current as of 6.9.2021.
TPS for Burma ILCM Fact Sheet BurmeseArchives
Summer 2021 Staff Updates
Welcome to the first of our summer interns and new team members! We have eight new interns joining us this summer including:
Kathy Santamaria Mendez will be a Minnesota Justice Foundation law clerk for the summer. She is a rising second-year law student at Mitchell Hamline. She earned her a B.A. in Chicano/Latino Studies in 2019 from the University of Minnesota—Twin Cities. She became interested in immigration law at a very young age due to her own experience as an immigrant from El Salvador. This pushed her to pursue various internships and opportunities throughout college that would allow her to create policy change, such as being a member of the Young Women’s Initiative of MN, the Capitol Pathways Internship Program, the Urban Scholars Program, and working as a summer fellow for MN Attorney General Keith Ellison. Before starting law school, she worked as a Legal Assistant at Ostrom Law Office which helped her gain first-hand experience in handling various types of immigration cases. She hopes to use her law degree to continue working in immigration law. During her free time, she spends time with her 7-year-old son playing outdoors, exploring the Twin Cities, and volunteering as a youth leader at her church.
Noah Rice just completed his freshman year at Cornell University, where he is studying art history and Jewish studies. Noah will be our advocacy intern for the summer.
Carlos Reyes Rojas is currently a rising senior at Carleton College where he studies Political Science. He is interning with our Pro Bono team, and he is looking forward to this summer. He is interested in studying law and potentially pursuing a career in immigration law. In his free time he likes to play soccer, watch soccer, and listen to music.
We have three individuals who will be working with our Community Defense Project.
Jennifer Melton is a rising second year at the University of Minnesota Law School. She has nearly a decade of experience working with survivors of human trafficking in China and here in the United States.
Julia Potach is a rising third year at the University of Minnesota Law School who has a long commitment to working with immigrants and refugees. Julia grew up in Minnesota and graduated from the University of Minnesota, where she majored in Spanish Studies and Global Studies.
During college, Julia become interested in immigration issues through her volunteer work with local community organizations that served immigrant communities and an internship with The Advocates for Human Rights. After graduation, Julia spent two years working near the U.S./Mexico border as a paralegal and consultant for the Dilley Pro Bono Project. Her experience providing legal services to families in immigration detention led her to attend law school.
Sara Osman is a rising third year at the University of California at Berkeley Law School. They have done significant media work with youth.
ILCM also hired a new Director of Finance and Operations, Sally Nankivell. Sally is currently the executive director of LegalCORPS, an organization that provides business law pro bono assistance to small businesses and nonprofits including many immigrant-owned small businesses. She was previously the Administrative Director at the Advocates for Human Rights, where she led the finance, human resources, technology and operations functions, and developed great insight and experience into issues facing immigrants and refugees.
The ILCM Board elected a new member, Pa Nhia Vang. Pa Nhia came to the U.S. as a refugee. She is an associate at Jones Day, a pro bono attorney with ILCM, Hmong American and grew up on East Side of St. Paul and also served on the board of the Hmong American Bar Association.
We are also sad to see two of our team members and friends leave ILCM – Jess and Susan. We are thankful for their work with ILCM and will miss both of them tremendously.
Jess first joined ILCM as a law clerk in 2008. She then took pro bono cases after graduating law school and becoming an attorney. In 2016 Jess joined ILCM as an attorney in our Worthington office, where she was a tireless advocate for clients in Southwest Minnesota. Jess then came to the St. Paul office to become a Pro Bono Coordinator/Staff Attorney, where she has played a tremendous role in screening, evaluating, and placing naturalization cases and supporting hundreds of pro bono attorneys. She will miss the clients tremendously.
Susan has been a tremendous member of ILCM’s community since she started her career here as a law clerk from 1998-2001 and later returned as a staff attorney in 2006. She has been a tireless advocate for ILCM’s clients and has accumulated and shared a wealth of information on immigration law and practice, particularly “crimmigration” and deportation defense. In her time at ILCM, Susan has handled over 1,000 cases and advised public defenders on close to 6,000 matters.
US closes Trump-era office for victims of immigrant crime
Fact Sheet: Temporary Protected Status for Burma (Myanmar) (Updated 8.4.2021)
This fact sheet was originally published on June 9, 2021 and was updated on August 4, 2021.
On Friday, March 12, 2021, Secretary of Homeland Security Alejandro N. Mayorkas designated Burma (Myanmar) for Temporary Protected Status (TPS) for 18 months. The move comes in response to the coup on February 1, 2021 and the ensuing crackdown on protesters.
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 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 designation of TPS for Burma (Myanmar) mean?
This new designation enables citizens of Burma and individuals without nationality to file applications for TPS if (1) they were living in Burma (Myanmar) right before coming to the US, and (2) they have resided continuously in the United States since March 11, 2021. If you left for any reason, talk to an immigration attorney.
When can I apply for TPS for Burma?
The registration period determines how long individuals have to apply for TPS. Under Burmese TPS, individuals can apply from May 25, 2021 until November 25, 2022.*
*This is an update from an August 4, 2021 Federal Register notice. DHS is extending the initial registration periods from 180 days to 18 months for applicants who do not currently have TPS under the TPS designations for Burma. This extension to 18 months is the same time period of the TPS designation itself, allowing an individual to apply as an initial applicant any time during the 18-month designation period.
How long will I have protection under TPS for Burma?
The designation period determines how long TPS and the protections under TPS are valid. TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is designating Burma (Myanmar) for TPS for 18 months, until November 25, 2022. In September 2022, a decision will be made to extend TPS status or no, depending on the situation in Burma.
Who is eligible for TPS under the Burma (Myanmar) designation?
Burmese nationals who do not have legal status in another country, and people without nationality who last regularly lived in Burma (Myanmar) and who currently live in the United States may file applications for TPS. They will have to prove that they resided continuously in the United States as of March 11, 2021.
People interested in TPS must file an application with U.S. Citizenship and Immigration Services by November 25, 2022. They may also apply for Employment Authorization Documents (EADs) 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.
I have been in the United States since before March 11, 2021, 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.
I am from Burma (Myanmar), and the police have given me tickets here. Can I apply for TPS?
Maybe. You need to show your tickets to an immigration lawyer before filing. A person with two misdemeanors or one felony cannot get TPS. A lawyer can tell you if the tickets will be a problem.
Which people from Burma (Myanmar) 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 for working might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything.
*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.
Get Help
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.
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Karen Language Fact Sheet: Temporary Protected Status for Burma (Myanmar) (6.9.2021)
This fact sheet is current as of 6.9.2021.
6.9.2021 ILCM Fact Sheet TPS for Burma in Karen VersionImmigrants Need Permanent Protection
June 7, 2021—Today’s Supreme Court decision denying green card access to people with Temporary Protected Status (TPS) highlights the need for Congress to provide permanent protection for immigrants.
The unanimous decision said that people with TPS are not eligible to apply for green cards (permanent legal residence) if they entered the United States without authorization. The Supreme Court’s decision is based on the language of the statute, which Congress can and must change.
“Congress must act to protect individuals with temporary protected status and the millions of Dreamers and immigrant workers who lack a pathway to permanent legal status and citizenship,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “Changing the law underlying the Supreme Court’s decision today is one way for Congress to support a subset of TPS holders, but broader immigration reform is needed so long-term residents are able to obtain a green card and citizenship regardless of how they initially entered. All of us need these parents, grandparents, brothers and sisters, nurses, doctors, farm workers, artists—these absolutely essential members of our communities.”
The Department of Homeland Security designates Temporary Protected Status for some people who cannot return to their home countries due to ongoing armed conflict (such as civil war); an environmental disaster (such as earthquake or hurricane), or an epidemic; other extraordinary and temporary conditions. Sometimes those conditions persist for decades.
More than 2,000 TPS holders live in Minnesota. They have built lives here, with U.S. citizen spouses and children, employers, churches, and communities. A pathway to citizenship will recognize this reality and protect TPS holders whose real home is now here.