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. 

On Sept. 10, 2021, DHS published a Federal Register notice (FRN) announcing that beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan will retain their TPS while the preliminary injunction in Ramos remains in effect, provided their TPS is not withdrawn because of individual ineligibility. In compliance with the injunction, DHS has automatically extended the validity of Employment Authorization Documents (EADs) and other TPS-related documentation for TPS beneficiaries affected by the injunction through [Dec. 31, 2022]. Eligible TPS beneficiaries who would like an EAD with the extended validity date of Dec. 31, 2022, must file Form I-765, Application for Employment Authorization, with the appropriate filing fee (or obtain a fee waiver). You may request a fee waiver by completing Form I-912, Request for Fee Waiver, and submitting it with the Form I-765. If necessary, DHS will continue to issue appropriate future notices to continue its compliance with court orders.

For additional information, please see the Sept. 10, 2021, Federal Register notice], the Update on Ramos v. Nielsen webpage, and 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. Sept. 14, 2020) 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: Dec. 31, 2022
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 one of the 60-day re-registration periods 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 USPS:

USCIS
Attn: TPS Sudan
P.O. Box 6943
Chicago, IL 60680-6943

FedEx, UPS, or DHL deliveries:

USCIS
Attn: TPS Sudan (Box 6943)
131 S. Dearborn St. 3rd Floor
Chicago, IL 60603-5517

Automatic Employment Authorization Document (EAD) Extension

We are automatically extending 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:

EAD expiration date: Now valid until:
Nov.2, 2017 Dec. 31, 2022
Nov. 2, 2018 Dec. 31, 2022
Apr. 2, 2019 Dec. 31, 2022
Jan. 2, 2020 Dec. 31, 2022
Jan. 4, 2021 Dec. 31, 2022
Oct. 4, 2021 Dec. 31, 2022
If you are a TPS Sudan beneficiary 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 Dec. 31, 2022.

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 Dec. 31, 2022
Nov. 3, 2017 Nov. 2, 2018 Dec. 31, 2022
Nov. 3, 2018 Oct. 4, 2021 Dec. 31, 2022

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

If you are a TPS Sudan beneficiary who either does not possess an EAD that is automatically extended, or who wishes to apply for a new EAD, you may file Form I–765 with appropriate fee or fee waiver request. You may request a fee waiver by completing Form I-912, Request for Fee Waiver. If we approve your application, we will issue an EAD with a Dec. 31, 2022, expiration date. Similarly, we will issue an EAD with a Dec. 31, 2022, expiration date for those with pending EAD applications that we ultimately approve.

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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