DHS Announces Extension of Somalia’s TPS Designation for 18 Months

U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Yemen's designation who want to maintain their status through the extension date of March 3, 2020, must re-register between August 14, 2018, and October 15, 2018.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an EAD by submitting, at the time they file Form I-821, Form I-765, Application for Employment Authorization, or separately at a later date. Litwin & Smith often assist in the preparation of these forms.

This 18-month extension of Yemen's designation for TPS permits approximately 1,250 Yemeni TPS beneficiaries to re-register for TPS and remain in the United States with work authorization through March 3, 2020. To be eligible for TPS under Yemen's current designation, along with meeting the other eligibility requirements, individuals must have continuously resided in the United States since January 4, 2017, and have been continuously physically present in the United States since March 4, 2017. Additional information to be published in the Federal Register.

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TPS confers lawful status satisfying the requirements of INA § 245(a) allowing recipients of TPS grants who subsequently married US citizens to adjustment their status under INA 245(a) as beneficiaries of immediate relative I-130 petitions filed by their US citizen spouses. Under the decision of 3/31/2017 COURT OF APPEALS, NINTH CIRCUIT, "In short, § 1254a(f)(4) provides that a TPS recipient is considered "inspected and admitted" under § 1255(a). Accordingly, under §§ 1254a(f)(4) and 1255, someone who has been granted TPS, is eligible for adjustment of status if he also meets the other requirements..."

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