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Fact Sheet: Temporary Protected Status for Syria
Posted on Aug 16 2022
Fact Sheet: Temporary Protected Status for Syria
This fact sheet is current as of August 2, 2022.
On July 29, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Syria for Temporary Protected Status (TPS) for 18 months, through March 31, 2024. A Federal Register notice also provides automatic extension of certain Employment Authorization Documents (EADs) of existing beneficiaries of Syria TPS, through Sept. 30, 2023.
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 does the extension of TPS for Syria mean?
This extension allows existing TPS for Syria beneficiaries to retain TPS through March 31, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 31, 2024, must re-register during the 60-day re-registration period of August 1, 2022 through September 30, 2022.*
If you have a Syria TPS EAD with “Category” A-12 or C-19 and the “Card Expires” on September 30, 2022, March 31, 2021, September 30, 2019 or March 31, 2018, this Federal Register Notice (FRN) automatically extends your EAD through September 30, 2023. However, you must still re-register for TPS during the 60-day re-registration period of August 1, 2022 through September 30, 2022.
*Do not to wait until your Employment Authorization Document (EAD) expires to re-register. This could cause a gap in documentation.
What does the redesignation of TPS for Syria mean?
The redesignation of Syria allows additional Syrian nationals and individuals who last habitually resided in Syria who have been continuously residing in the United States since July 28, 2022 to apply for TPS for the first time during the initial registration period of August 1, 2022 through March 31, 2024. The 18-month redesignation of Syria for TPS is effective on October 1, 2022, and will remain in effect for 18 months, through March 31, 2024.
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. More details about the eligibility criteria to submit an initial TPS application and to reregister 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.
How long will eligible individuals have protection under TPS?
TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating Syria for TPS for 18 months, until March 31, 2024.
I have Syria TPS, can I apply to extend it?
Yes. Under Syria TPS, individuals who already have TPS must apply between August 1, 2022 and September 30, 2022 to extend their TPS.
I do not have TPS, can I apply for the first time?
Yes. Individuals applying for TPS for the first time can apply during the entire initial registration period from August 1, 2022 through March 31, 2024.
I have been in the United States since before July 28, 2022, 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 Syria, and I came to the United States as a refugee. Do I need to apply for TPS?
No. People who are in the United States 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 Syria, 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 United States and are on a path to citizenship. You do not need and would not qualify for TPS.
I am from Syria, 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 Syria, and the police have given me tickets here. Can I apply for TPS?
Maybe. You should show your tickets, police reports, and court records to an immigration lawyer before filing. A person with two misdemeanors or one felony conviction cannot get TPS. A lawyer can tell you if the tickets will be a problem.
Which people from Syria 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 employment might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything.
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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.