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Haiti & Burma Receive TPS Protection

Last month, DHS announced Temporary Protected Status (TPS) designations for the countries of Haiti and Burma.


HAITI
Temporary Protected Status will be granted to Haitians who have been in the United States continuously since May 21, 2021. Those who meet the requirements will be granted protection from deportation and will receive work authorization until November 2022. 

When this new designation goes into effect, it is estimated that more than 100,000 Haitians will be eligible for the 18-month designation.[1]


Haitians have received Temporary Protected Status before. While previous TPS designations are being contested in courts, this announcement will create a new opportunity for Hatians to receive TPS protections.


DHS Secretary Alejandro Mayorkas decided to designate Haiti for TPS againdue to the country's ongoing serious problems with security, social unrest, human rights abuses, poverty, and lack of basic resources, which have been further exacerbated by the COVID-19 pandemic.


For more information, visit the USCIS news release: https://www.dhs.gov/news/2021/05/22/secretary-mayorkas-designates-haiti-temporary-protected-status-18-months



BURMA
Burma - also known as Myanmar - has received Temporary Protected Status for the first time. People from Burma are eligible for TPS for an initial period of 18 months, until November 24, 2022.

This measure has been taken based on the increasing oppression and human rights violations occurring in the country.[2]


On May 25 of this year, DHS published the eligibility criteria and application process:


Those who have previously resided in Burma may apply for TPS if they meet the general eligibility requirements and if:


  • They have continuously resided in the United States since March 11, 2021 (when Burmese TPS was announced); and

  • Have been physically present in the United States since May 25, 2021.


An estimated 1,600 individuals are eligible for Burmese TPS. In addition, those eligible will be able to obtain a work permit.


The registration period for TPS will last 180 days, from May 25, 2021 to November 22, 2021.


Along with Burmese TPS, DHS is also allowing Burmese students in F-1 status who are experiencing economic hardship to work an increased number of hours while school is in session.[3]


For more information, visit the USCIS news release: https://www.uscis.gov/news/news-releases/dhs-announces-open-registration-for-temporary-protected-status-for-burma



The information contained in this post does not constitute legal advice and does not form an attorney-client relationship. For specific questions, please consult with an attorney.

[1] CITATION [2] https://www.dhs.gov/news/2021/03/12/secretary-mayorkas-designates-burma-temporary-protected-status


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