Designation of Republic of South Sudan for Temporary Protected Status in the USA
10 min readTemporary Protected Status Designated Country: South Sudan
TPS Initial Registration Deadline: April 10, 2012
TPS Expiration Date: May 2, 2013
EADs Auto-Extended Through: If you currently have an EAD under Sudan TPS, then please look at the Sudan page for the auto-extended through date
TPS Designation Date: November 3, 2011
The forms to register for TPS are:
- Form I-821, Application for Temporary Protected Status
- Form I-765, Application for Employment Authorization
To register you must file both forms together, even if you do not want work authorization.
The table below shows the required application fees you must pay based on your situation.
| If you are | And | Then | And, |
| Currently NOT a TPS beneficiary under the Sudan designation (or have a pending TPS application under TPS Sudan) and you are between the ages of 14 and 65 (inclusive) | You are applying for a TPS-related EAD | You must submit the Form I-821 application fee | You must submit the Form I-765 application fee |
| Currently a TPS beneficiary under the Sudan designation (or have a pending TPS application under TPS Sudan) and you are between the ages of 14 and 65 | You are applying for a TPS-related EAD | You do not need to submit the Form I-821 application fee | You must submit the Form I-765 application fee. HOWEVER, if you have a pending I-765 under TPS Sudan, you do not need to submit the Form I-765 application fee |
| Currently NOT a TPS beneficiary under the Sudan designation (or have a pending TPS application under TPS Sudan) and you are under age 14 or over age 65 | You are applying for a TPS-related EAD | You must submit the Form I-821 application fee | You do not need to submit the Form I-765 application fee |
| Currently a TPS beneficiary under the Sudan designation (or have a pending TPS application under TPS Sudan) and you are under age 14 or over age 65 | You are applying for a TPS-related EAD | You do not need to submit the Form I-821 application fee | You do not need to submit the Form I-765 application fee |
| Currently NOT a TPS beneficiary under the Sudan designation (or have a pending TPS application under TPS Sudan), regardless of age | You are not applying for a TPS-related EAD | You must submit the Form I-821 application fee | You do not need to submit the Form I-765 application fee |
| Currently a TPS beneficiary under the Sudan designation (or have a pending TPS application under TPS Sudan), regardless of age | You are not applying for a TPS-related EAD | You do not need to submit the Form I-821 application fee | You do not need to submit the Form I-765 application fee |
You must also pay the separate biometrics fee if you are age 14 or over.
If you are unable to pay the filing fee, you may submit a Request for Fee Waiver, Form I-912 (or a written request). For more information about fee waiver guidance, click here.
Filing for Employment Authorization
When filing for an Employment Authorization Document (EAD) it is important that you do not check the following boxes on your Form I-765 next to “I am applying for” if you do not want to request or extend an EAD:
- Permission to accept employment
- Replacement
- Renewal of my permission to accept employment
For additional information on requesting employment authorization and automatic extensions of EADs, see the ‘Temporary Protected Status’ link to the left.
Filing for Employment Authorization
When filing for an Employment Authorization Document (EAD) it is important that you do not check the following boxes on your Form I-765 next to “I am applying for” if you do not want to request or extend an EAD:
- Permission to accept employment
- Replacement
- Renewal of my permission to accept employment
For additional information on requesting employment authorization and automatic extensions of EADs, see the ‘Temporary Protected Status’ link to the left.
Filing an Application for Temporary Protected Status
When completing your Form I-821 you must answer all questions listed in Part 4, Eligibility Standards, Question 2, on Form I-821. If you answer “yes” to any of these questions, you must explain on a separate document and/or submit supporting documents with your application.
Mailing Your Application
| If you: | Then, mail your application to: |
| Applying through the U. S. Postal Service | U.S. Citizenship and Immigration Services Attn: TPS South Sudan P.O. Box 8677 Chicago, IL 60680-8677 |
| U.S. Citizenship and Immigration Services Attn: TPS South Sudan P.O. Box 8677 Chicago, IL 60680-8677 |
U.S. Citizenship and Immigration Services Attn: TPS South Sudan 131 S. Dearborn – 3rd Floor Chicago, IL 60603-5517 |
Granted TPS by an Immigration Judge or BIA
If an Immigration Judge or the Board of Immigration Appeals granted you TPS, there are additional steps you must complete. For more information, see the ‘Temporary Protected Status’ link to the left.
Further Information
For additional TPS information for South Sudan, see the “Federal Register Notice” and the “Fact Sheet” links to the right.
This Notice announces that the Secretary of Homeland Security (Secretary) has designated the Republic of South Sudan (South Sudan) for Temporary Protected Status (TPS) for a period of 18 months, effective November 3, 2011 through May 2, 2013. Under section 244(b)(1) of the Immigration and Nationality Act (INA), the Secretary is authorized to grant TPS to eligible nationals of designated foreign states or parts of such states (or to eligible aliens having no nationality who last habitually resided in such states) upon finding that such states are experiencing ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that prevent nationals from returning safely. This designation allows eligible South Sudan nationals (and aliens having no nationality who last habitually resided in the region that is now South Sudan) who have continuously resided in the United States since October 7, 2004 to obtain TPS. In addition to demonstrating continuous residence in the United States since October 7, 2004, applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 3, 2011, the effective date of the designation of South Sudan. The Secretary has established November 3, 2011, as the effective date so that the 18-month designation of South Sudan will coincide with the 18-month extension period of TPS for Sudan, which is also being announced today. Although November 3, 2011, is a future date, applicants may begin applying for TPS immediately. This designation is unique because on July 9, 2011, South Sudan became a new nation and independent from the Republic of Sudan, which has been designated for TPS since 1997. Some individuals who are TPS beneficiaries under the current designation of Sudan may now be nationals of South Sudan, calling into question their continued eligibility for TPS under the Sudan designation. These individuals may, however, now qualify for TPS under the South Sudan designation. This Notice sets forth regular procedures and special procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in the region that is now South Sudan) to register and to apply for TPS and Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). Given the timeframes involved with processing TPS applications, the Department of Homeland Security (DHS) recognizes that individuals who have EADs under Sudan TPS that expire November 2, 2011 may not receive new EADs under South Sudan TPS until after their current EADs expire. Accordingly, the validity of EADs issued under the TPS designation of Sudan has been automatically extended for 6 months, through May 2, 2012. This automatic extension includes individuals who are now applying for TPS under the designation of South Sudan but were granted TPS and were issued an EAD under the Sudan designation. This Notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and how the extension affects employment eligibility verification (Form I-9 and E-Verify) processes. This Notice also describes examples of acceptable evidence of South Sudanese nationality required for TPS registration under the South Sudan designation. For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the TPS Web page at http://www.uscis.gov/tps. You can find specific information about this designation and about TPS for South Sudan by selecting ``TPS Designated Country--Republic of South Sudan'' from the menu on the left of the TPS Web page. From the South Sudan page, you can select the ``South Sudan TPS Questions & Answers'' section from the menu on the right for further information.You can also contact the TPS Operations Program Manager by mail at the Status and Family Branch, Service Center Operations Directorate, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529- 2060 or by phone at (202) 272-1533 (this is not a toll-free number). Note: The phone number provided here is solely for questions regarding this TPS notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833). Further information will also be available at local USCIS offices upon publication of this Notice. http://www.gpo.gov/fdsys/pkg/FR-2011-10-13/html/2011-26537.htm DHS Announces 18-Month Extension of Temporary Protected Status for Sudan and Designation for South Sudan
Current TPS Beneficiaries Also Granted Automatic Extension of Work Authorization
Released Oct. 13, 2011
WASHINGTON— Secretary of Homeland Security Janet Napolitano extended the Temporary Protected Status (TPS) designation for Sudan for 18 months. She also designated the new Republic of South Sudan for TPS for 18 months. Both the extension and the new designation are effective Nov. 3, 2011, and will continue through May 2, 2013.
U.S. Citizenship and Immigration Services (USCIS) strongly encourages nationals from these countries (and persons with no nationality who last habitually resided in either country) to review the Federal Register notices for the extension and the new designation published today and follow the instructions on how to file an initial or re-registration application for TPS.
The Department of Homeland Security (DHS) is also automatically extending the validity of employment authorization documents (EADs) issued under the last extension of Sudan TPS for an additional six months, through May 2, 2012. Any individual who has a valid TPS Sudan EAD is covered by this automatic extension, even though USCIS may ultimately register the individual under the South Sudan TPS designation and issue a new EAD reflecting his or her new nationality.
All affected individuals seeking to obtain or maintain their TPS must file their application package no later than April 10, 2012.
During the past year, DHS and the State Department have reviewed the conditions in Sudan and the Republic of South Sudan—a nation that came into existence on July 9, 2011. Based on this review, Secretary Napolitano has determined that an 18-month extension for Sudan is warranted due to the ongoing armed conflict and the extraordinary and temporary conditions that prompted the last TPS designation of Sudan on Oct. 7, 2004. Secretary Napolitano also designated South Sudan for TPS due to similar ongoing armed conflict and extraordinary and temporary conditions.
TPS only applies to eligible Sudanese or South Sudanese nationals who have continuously resided in the United States since Oct. 7, 2004. There are approximately 340 individuals who DHS anticipates will be eligible either to re-register for TPS for Sudan or to obtain TPS under the South Sudan designation.
All individuals registering for TPS under the new designation for the Republic of South Sudan or re-registering for TPS under the extension for Sudan must file a Form I-821, Application for Temporary Protected Status, and a Form I-765, Application for Employment Authorization, accompanied by any required fees or a fee waiver request. Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the TPS application package. For TPS and EAD fee requirements, please see the Federal Register notices for the extension and the new designation or the accompanying USCIS Fact Sheet. For information on fee waivers, visit USCIS’s Fee Waiver Guidance Web page.
Further details on the Sudan TPS extension and South Sudan TPS designation, including information regarding the application requirements and procedures, are available at www.uscis.gov/tps and in the Federal Register notices published Oct. 13, 2011.
TPS forms are free and available online at www.uscis.gov/forms or by calling the toll-free USCIS Forms line at 1-800-870-3676. Applicants may also request more information by contacting USCIS’s National Customer Service Center toll-free hotline at 1-800-375-5283.
For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis
), YouTube /uscis) and the USCIS blog The Beacon.
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