Temporary Protected Status Designated Country: Sudan

ALERT: On Oct. 3, 2018, in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (PDF, 458 KB), the U.S. District Court for the Northern District of California enjoined DHS from implementing and enforcing the decisions to terminate Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, and El Salvador, pending further resolution of the case (“order” or “injunction”).  On Oct. 31, 2018, DHS published a Federal Register Notice (FRN) describing the steps DHS is taking to comply with the court’s order. These steps include the automatic extension through April 2, 2019, of the validity of certain specified documents to allow eligible TPS Sudan beneficiaries to demonstrate their lawful status and employment authorization: Employment Authorization Document (EADs), Form I-94, Arrival/Departure Record, and Form I-797, Notice of Action, collectively TPS-related documentation. Beneficiaries of TPS Sudan who re-registered for TPS during the last registration period, which ran from Oct. 11, 2017 to Dec. 11, 2017, do not need to submit any new filings to benefit from this automatic extension. However, if such a beneficiary nevertheless wants an EAD showing the April 2, 2019, validity date, he or she may file Form I-765, Application for Employment Authorization.

Should the court’s order remain in effect beyond the initial auto-extension of documentation for beneficiaries of TPS Sudan, DHS will issue a subsequent FRN approximately 30 days before April 2, 2019, that automatically extends the appropriate TPS-related documentation for beneficiaries of TPS Sudan by nine months, through Jan. 2, 2020.

However, if a superseding final, non-appealable court order and implementing Federal Register notice, if one is warranted, should permit the termination of the TPS designation of Sudan to go into effect, DHS may terminate relevant TPS-related documentation before the end validity date announced in any current or subsequent Federal Register notice. Any such terminations of TPS-related documentation for affected TPS beneficiaries will go into effect 120 days from the effective date of any superseding, final, non-appealable judicial order that permits the implementation of the termination of TPS for Sudan.

For additional information, please reference the FRN and “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:

Oct. 11, 2017 - Dec. 11, 2017

(Note: If individual demonstrates “good cause” for filing late, USCIS will adjudicate re-registration application).
Employment Authorization Document (EAD) Auto-Extended Through: April 2, 2019

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:

82 FR 47228 (PDF)

83 FR 54764

On Sept. 18, 2017, the Department of Homeland Security (DHS) announced the decision to terminate the Temporary Protected Status (TPS) designation of Sudan. The termination will become effective Nov. 2, 2018. Please see the ALERT box at the top of this page for updated information.

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 Oct. 11, 2017, through Dec. 11, 2017, and been approved, or have an application that remains pending. If you did not re-register during this timeframe, 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. We encourage you to file for re-registration as soon as possible if you have not done so. For additional information regarding “good cause” for late re-registration, please see the “Automatic Employment Authorization Document (EAD) Extension” section below.

Where to File

Send your TPS package to the appropriate address in the table below:

If you: Then, mail your application to:
Would like to send your application by U.S. Postal Service

USCIS
Attn: TPS Sudan

PO Box 6943
Chicago, IL 60680-6943

Would like to send your application by non-U.S. Postal Service courier

USCIS 

Attn: TPS Sudan
131 S. Dearborn St. 3rd Floor
Chicago, IL 60603-5517

Automatic Employment Authorization Document (EAD) Extension

USCIS is automatically extending through April 2, 2019, 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

TPS Sudan beneficiaries who applied for a new EAD but have not yet received their new EADs are also covered by this automatic extension, provided that the EAD they possess contains one of the expiration dates noted in the chart above. Such individuals may show the Federal Register Notice and their EAD to employers to demonstrate that their EAD and employment authorization has been extended through April 2, 2019. 

Additionally, USCIS is automatically extending through April 2, 2019, 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 granted TPS under the designation of Sudan:

Country Beginning date of validity:  End date of validity:
Sudan May 3, 2016 Nov. 2, 2017
Nov. 3, 2017 Nov. 2, 2018

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 if the TPS of any such individual 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 his or her re-registration request has been finally denied. 

Current beneficiaries of TPS Sudan do not need to pay a fee or file any application, including the Application for Employment Authorization (Form I–765), to maintain their TPS benefits through April 2, 2019, if they have properly re-registered for TPS during the most recent DHS-announced registration period. 

TPS beneficiaries who have failed to re-register properly for TPS during the last registration period 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. See INA, section 244(c)(3)(C) (TPS beneficiary’s failure to register without good cause in form and manner specified by DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Instructions to Form I–821.  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 impacted 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 wishes to apply for a new EAD may file Form I–765 with appropriate fee (or fee waiver request). If approved, USCIS will issue an EAD with an April 2, 2019, expiration date.  Similarly, USCIS will issue an EAD with an April 2, 2019, 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 status 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 status “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 don’t 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.

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