• Ryan Driscoll

Breaking News on TPS for Afghanistan

Temporary protected status is granted to Afghans already living in the U.S. as of March 15th, 2022.



On March 16, 2022, The Department of Homeland Security Secretary, Alejandro Mayorkas, designated Afghanistan for Temporary Protected Status (TPS).


This article briefly explains TPS and how to know if you qualify.




TPS allows the Secretary of Homeland Security to give individuals a temporary stay in the U.S. so that nationals from that nation do not have to return to unsafe conditions in their home nation. The status is temporary, so it requires the Secretary to renew the TPS designation every 18 months. Along with the TPS designation, a work authorization is also available.


TPS does provide a path to a green card, unless you have a different basis to file for adjustment of status.


To be eligible for TPS, you must meet the following criteria:

  • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;

  • File the TPS application during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation;

  • Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and

  • Have been continuously residing (CR) in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States.

Not everyone who applies for TPS will have it granted.

The typical areas that cause ineligibility are:

  1. Having committed a felony or two misdemeanors in the United States,

  2. Ineligible due to criminal and security related grounds (see INA § 212(a)),

  3. Subject to any of the mandatory bars to asylum (example, terrorist activity and persecution of another individual, and

  4. Failure to comply with the physical and continuous presence, and registration deadline.


What to File?

When you file for TPS, you will submit USCIS Forms I-821, TPS Application, I-765, Employment Authorization, and if you are asking for a waiver of the application fees, Form I-912, Fee Waiver. Additionally, you must provide evidence that you are a national of a TPS nation, I-94 to prove your last entry into the US, evidence of your physical and continuous residence, and two passport photos if you are filing Form I-765 along with Form I-821. Finally, if you are not requesting a waiver from the USCIS application fees, include the fees along with your application and supporting documentation.


Please consult the USCIS Afghanistan TPS page for even further details, and to ensure that you file during the registration period.

 

This page is not legal advice. For information on your specific legal situation, please schedule a free legal consultation.