USCIS Announces Temporary Protected Status Extended for South Sudan

September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced the 18-month TPS extension for South Sudan and eligible South Sudanese nationals. Acting Secretary Duke determined that an 18-month extension of South Sudan for TPS is necessary because the ongoing armed conflict and extraordinary and temporary conditions that prompted the 2016 TPS re-designation have persisted.

Current Beneficiaries

Current beneficiaries of South Sudan's TPS designation seeking to extend their TPS status must re-register. The deadline will be published in the Federal Register and on www.uscis.gov/tps later this week. Those who re-register and request a new employment authorization document (EAD) may receive an automatic extension of their expiring EAD for up to 180 days from the date their current EAD expires. If a beneficiary's EAD request is approved, they will receive a new EAD with an expiration date of May 2, 2019. TPS beneficiaries are strongly encouraged to re-register and file their EAD applications as early as possible to avoid lapses in documentation of employment authorization.

New Applications

If you have never been granted TPS, you may be eligible to file a late initial application. USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.

To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below:

A. During either the initial registration period of your country's designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition

· You were a nonimmigrant, were granted voluntary departure status, or any relief from removal

· You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal

· You were a parolee or had a pending request for re-parole

· You are a spouse of an individual who is currently eligible for TPS

OR

B. During either the initial registration period of your country's designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married. You may file during an extension of your TPS designated country.

Please be advised that if you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization.

Additional Information

South Sudanese should also be aware that in the ninth circuit TPS confers a sufficient status for the purposes of adjustment of status to lawful permanent residency and change of status to another nonimmigrant classification. TPS for Sudan is set to expire on November 2, 2017, and USCIS has yet to extend TPS for that country.

Additional information about TPS is available online at uscis.gov/tps.

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