July 19, the US Department of Homeland Security (DHS) announced an 18-month extension and re-designation of Somalia for Temporary Protected Status (TPS). TPS is extended for Somalia from September 18, 2021, through March 17, 2023.
Why TPS for Somalia?
United States Citizenship and Immigration Services (USCIS) guidelines state that the U.S. Secretary of Homeland Security, currently Alejandro N. Mayorkas, may designate that a foreign country has Temporary Protected Status (TPS). Because conditions in that country that make it unsafe for a national of that country, who is currently in the U.S., to return to that country. These conditions include ongoing armed conflict. This is the primary reason the countries, such as Somalia, are designated under TPS. Other conditions include environmental disasters, epidemics, or other circumstances deemed “extraordinary and temporary.”
Somalia has been designated under TPS by the Department of Homeland Security since September 16, 1991. This designation was originally set to expire on September 18, 2021. However, “due to ongoing conflict and a worsening humanitarian crisis,” on July 19, 2021, Secretary Mayorkas announced the extension and re-designation of Somalia under TPS, in effect from September 18, 2021, to March 17, 2023.
To Maintain TPS
A national of a TPS-designated country may fill out an Application for Temporary Protected Status. Once granted, TPS means that an individual cannot be removed from the U.S. In addition, they are also eligible to apply for an employment authorization document via the Application for Employment Authorization. Although it does not make the applicant a permanent resident or citizen; nevertheless, TPS does not prevent the individual from applying for a nonimmigrant status.
To maintain TPS
You must re-register during the 60-day re-registration period that runs from July 22, 2021 through September 20, 2021.
The following USCIS website outlines several important dates for Somalian immigrants registering or re-registering for TPS under the new extension:
- The registration period for applicants new to TPS: 7/22/21 – 3/17/23
- Continuous Residence Date in U.S. Since: 07/19/2021
- Continuous Physical Presence in U.S. Since: 06/18/2021
- Re-registration period for applicants who already have TPS: 7/22/21 – 9/20/21
- Employment Authorization Document (EAD) work permit extended through 3/16/22
We Can Help
Don’t hesitate to contact us if you have any questions concerning Temporary Protected Status for Somalia or other countries. We can help you determine your eligibility and navigate the process.
Migration Resource Center views each case as unique; therefore, it is essential to consult with legal counsel before starting your case as some other options may be available. Don’t hesitate to contact us to begin your consultation. Please contact us at (646) 609-8805 or use our webform to schedule a free immigration consultation.
By: Tom De Kesel, MRC Immigration Attorney & Ishika Bhasin – August 25 2021
Sources of information