DHS just announced
today that it is extending the existing designation and also redesignating Syria
for Temporary
Protected Status (TPS) for 18 months from October 1, 2013 to March 31, 2015. This means that Syrians who currently have
TPS status will be able to retain their status through March 31, 2015. The resignation of Syria allows individuals
who have been continuously residing in the U.S. since June 17, 2013 to obtain
TPS status.
Secretary of
Homeland Security Janet
Napolitano explained that the extension and redisignation of TPS status were
warranted because the extraordinary circumstances in Syria have not only persisted
but have deteriorated further. The
conflict in Syria poses a threat to the personal safety of Syrian nationals should
they be forced to return to their country.
Syrians
applying for TPS will need to fill out form I-821, which can be found here
along with other relevant information. TPS
applicants are also immediately eligible for work authorization. The cost of applying is $135, for TPS status
or $515 for TPS and work authorization.
If applying for employment authorization, the applicant will also need
to fill out form I-765. A fee
waiver (form I-912 or letter) is available if you meet certain requirements.
It is important
to keep in mind that TPS status does not grant any sort of permanent
residence. Once the protected period is
expired, the status is extinguished and the person must return to their
country. People who remain in the US after their TPS status has expired may be issued
a Notice to Appear (NTA) in Immigration Court for removal proceedings.
An
alternative to TPS status is Asylum. In order to be granted asylum, a person must
demonstrate that they have been persecuted in the past or they fear future
persecution based on five protected grounds (race, nationality, religion, membership
in a particular social group, or political opinion). A person will not be granted asylum simply because
they are fleeing a dangerous situation in their home country (such as
war). For this reason, not everyone who is
granted TPS will be granted Asylum.
A person may
apply for TPS and asylum at the same time.
The application for asylum will not be affected by the granting of
TPS. It is important to remember is that
a person must apply for asylum within one year of entering the US. If you or someone you know needs information
about or assistance with applying for TPS or Asylum, please contact our office.
