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Fact Sheet: Temporary Protected Status for Afghanistan
Posted on Jul 15 2025
Fact Sheet: Temporary Protected Status for Afghanistan
This fact sheet is current as of July 11, 2025. It is not legal advice.
Through the Federal Register notice on May 13, 2025, the Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (TPS) for Afghanistan. The designation for Afghanistan expired on May 20, 2025. The termination will be effective July 14, 2025.
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 is the status of TPS for Afghanistan?
For the 18-month period beginning on November 21, 2023, and ending on May 20, 2025, the Secretary of Homeland Security Alejandro N. Mayorkas extended and redesignated Afghanistan for TPS. Through the Federal Register notice on May 13, 2025, the Secretary of Homeland Security Kristi Noem terminated the extension of TPS for Afghanistan.
From the notice of termination on May 13, 2025, there is a 60-day transition period until the termination is effective on July 14, 2025, after 11:59pm. After July 14, 2025, nationals of Afghanistan (and people having no nationality who last habitually resided in Afghanistan) who hold TPS, will no longer have TPS.
What happens to my employment authorization during the 60-day transition period?
Between May 13, 2025, and July 14, 2025 (the 60-day transition period), Afghanistan TPS holders who already have employment authorization documents, continue to be employment authorized. After July 14, 2025, TPS is terminated along with its corresponding employment authorization.
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 travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.
The application period for TPS for Afghanistan is closed as of May 20, 2025. No more applications are being accepted.
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. Please note, currently DHS is not accepting TPS applications for Afghanistan.
How long will eligible individuals have protection under TPS?
TPS is a temporary status. TPS for Afghanistan is terminated on July 14, 2025. After this date, Afghan nationals (and people having no nationality who last habitually resided in Afghanistan) who hold TPS status will no longer have TPS.
I have a TPS for Afghanistan, can I apply to extend it?
No, the TPS for Afghanistan extension was vacated by DHS.
I do not have TPS, can I apply for the first time?
No, TPS applications for Afghanistan are not currently being accepted.
I am from Afghanistan, and I am in deportation proceedings. Can I apply for TPS to avoid deportation?
No, you can no longer apply for TPS for Afghanistan.
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.
May someone with a pending asylum application apply for TPS?
Note: currently TPS applications for Afghanistan are not being accepted.
Applying for TPS, or being granted TPS, does not affect a pending asylum application. However, asylum applicants should consider their preferred strategy in the event that their asylum application is not granted by USCIS. Based on this, we strongly recommend obtaining an immigration lawyer to discuss this question with you.
If someone has TPS at the time their asylum application is denied, USCIS cannot refer their asylum case to an immigration judge where the applicant may present the asylum claim for reconsideration. Thus, if you have a weak asylum case that is unlikely to be granted by an immigration judge and have no other relief available, it may be best to proceed with applying for TPS. Those who have a strong case for asylum may prefer not to apply for TPS until after the affirmative asylum application has been denied. Again, it is important to obtain an immigration lawyer to discuss the merits of your asylum application.
Note that obtaining TPS status will “stop the clock” on the requirement to file for asylum within one year of arriving in the United States if the one-year clock has not already expired.
I arrived in the United States through “Operation Allies Welcome” or another Special Immigrant Visa option, can I apply for TPS?
No, TPS applications for Afghanistan are not currently being accepted.
Depending on your status you may not need to apply. We recommend talking to a licensed immigration attorney about your case.
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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.