Temporary Protected Status Designated Country: Sudan

ALERT:  On Sept. 14, 2020, in Ramos et al. v. Wolf et al., No. 18-16981 (9th Cir., Sept. 14, 2020) (PDF, 374.01 KB), a panel of the U.S. Court of Appeals for the Ninth Circuit vacated an injunction prohibiting DHS from terminating Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua, and Sudan. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction remains in place at this time. 

For additional information, please see the Dec. 9, 2020, Federal Register notice, specific TPS country pages on the USCIS website, and the Update on Ramos v. Nielsen webpage, as well as the “Automatic Employment Authorization Document (EAD) Extension” section below.

TPS Continues Through: As long as preliminary injunction ordered by the court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect.
Re-registration period for People Who Already Have TPS:

Current beneficiaries under the TPS designation for Sudan do not need to re-register to maintain TPS, provided that they properly re-registered for TPS during at least one of the following registration periods for their country. 

  • Oct. 11, 2017, through Dec. 11, 2017
  • Jan. 25, 2016, through March 25, 2016
Employment Authorization Document (EAD) Auto-Extended Through: Oct. 4, 2021
Continuous Residence Date in U.S. Since: Jan. 9, 2013
Continuous Physical Presence in U.S. Since: May 3, 2013
TPS Designation Date: Nov. 4, 1997
TPS Re-designation Dates: Nov. 9, 1999, Nov. 2, 2004, and May 3, 2013
Federal Register Notice Citation:

When to File for TPS

To maintain TPS, you must have either filed to re-register during the 60-day re-registration period that ran from Jan. 25 through March 25, 2016, or Oct. 11 through Dec. 11, 2017, and been approved, or have an application that remains pending. If you did not re-register during either of these time frames, you may submit a late re-registration application, including a letter that explains your reason(s) for filing late with your application. USCIS will determine whether your reasons are “good cause” for being late, as required under the TPS law.

Where to File

If you: Then, mail your application to:
Are a beneficiary under the TPS designation for Sudan

U.S. Postal Service:

U.S. Citizenship and Immigration Services
Attn: TPS Sudan
PO Box 6943
Chicago, IL 60680-6943

FedEx, UPS, or DHL:

U.S. Citizenship and Immigration Services
Attn: TPS Sudan
131 S. Dearborn St. 3rd Floor
Chicago, IL 60603-5517

Automatic Employment Authorization Document (EAD) Extension

We are automatically extending through Oct. 4, 2021, the validity of EADs with the category codes “A-12” or “C-19” and one of the expiration dates shown below that have been issued under the TPS designation of Sudan to individuals who continue to maintain TPS eligibility:

11/02/2017
11/02/2018
04/02/2019
01/02/2020
01/04/2021

TPS Sudan beneficiaries who applied for a new EAD but have not yet received it are also covered by this automatic extension, as long as the EAD that you have contains one of the expiration dates noted in the chart above. When you present your automatically extended EAD to your employer, refer them to this Federal Register notice that shows that we have extended your EAD and employment authorization through Oct. 4, 2021.

In addition to EADs, we are automatically extending through Oct. 4, 2021, the validity periods of the following Forms I-94, Arrival and Departure Records, and Forms I-797, Notice of Action (Approval Notice) previously issued to eligible beneficiaries under the TPS designation for Sudan:

Beginning Date of Validity:  End Date of Validity¹: Now Valid until:
May 3, 2016 Nov. 2, 2017 Oct. 4, 2021
Nov. 3, 2017 Nov. 2, 2018 Oct. 4, 2021

However, the extension of the validity periods above applies only if the eligible TPS beneficiary properly filed for TPS re-registration during the most recent DHS-announced registration period for TPS Sudan or has a re-registration application that remains pending. In addition, the extension does not apply to any individual whose TPS has been finally withdrawn. The FRN does not extend the validity date of any TPS-related Form I–94 or Form I–797 issued to a TPS beneficiary that contains an end date not on the chart above where the individual has failed to file for TPS re-registration, or where their re-registration request has been finally denied. 

If you failed to re-register properly for TPS during either of these re-registration periods, you should file Form I-821, Application for Temporary Protected Status, and demonstrate “good cause” for failing to re-register on time, as required by law. For more information, see:

  • INA section 244(c)(3)(C) (TPS beneficiary’s failure to register without good cause in form and manner specified by DHS is grounds for TPS withdrawal);
  • 8 CFR 244.17(b); and
  • The Form I-821 Instructions.  

If you are filing a late re-registration application, please provide a letter explaining all of your reasons for filing outside of the re-registration period. If you filed after the re-registration period because of the DHS announcement of the termination of TPS for your country, please explain how that announcement affected you, including how the termination decisions affected your failure to re-register. However, if the announcement of the TPS termination did not cause you to file late, you should not include it as a reason. Please remember to be truthful in explaining your reasons.

Any eligible beneficiary of TPS Sudan who either does not possess an EAD that is automatically extended, or who wishes to apply for a new EAD, may file Form I–765 with appropriate fee (or fee waiver request). If approved, we will issue an EAD with an Oct. 4, 2021, expiration date.  Similarly, we will issue an EAD with an Oct. 4, 2021, expiration date for those with pending EAD applications that are ultimately approved.

Other Immigration Options

You might be eligible for other immigration options listed on the Explore My Options page.

To apply for a lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.

Note on Seeking Asylum: Being granted and maintaining TPS until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one year filing deadline. In other words, having TPS “stops 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. See 8 CFR 208.4(a)(5)(iv).

Avoid Scams

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website on the finding legal advice web page.

We do not want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. Visit the Avoid Scams page for information and resources.

Related Links

¹ Your Forms I-94 and I-797 may show a different beginning date of validity than those listed here if you were a late initial filer (LIF) at the time because the forms would have the date of approval of your LIF application for TPS. As long as they bear an end date of validity listed in this chart, then they are automatically extended by this Notice.

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