TPS Sudan Terminated
Temporary Protective Status Changes Announced
On September 18, 2017, Elain Duke, Acting Secretary of Homeland Security, announced that Temporary Protective Status (“TPS”) for Sudan will terminate in November 2, 2018 because the conditions in that country no longer support its designation. However, TPS beneficiaries of Sudan may seek to extend their TPS status by re-registering and seeking a 12 month extension. The extension will provide time to make arrangements to depart the United States or apply for other immigration benefits.
For updated details, See USCIS page: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-sudan
TPS Sudan Re-designation
For South Sudan, Ms. Duke announced that TPS will continue due to the continued armed conflict and extraordinary conditions that prompted the initial 2016 TPS re-designation. Therefore, beneficiaries of South Sudan may apply to extend their TPS status. Such extension is valid through May 1, 2019, upon a grant.
It appears that the Secretary of Homeland Security will soon make a decision whether the country conditions in El Salvador, Honduras, and Nicaragua still support its designation of TPS. For Honduras and Nicaragua TPS beneficiaries, their TPS is set to expire on January 5, 2018. For TPS beneficiaries from El Slavador, TPS is set to expire on March 9, 2018. We do not know if DHS will extend TPS status in the coming months for El Salvador, Honduras or Nicaragua. As such, we urge all TPS recipients to consult regarding their current TPS status to find out if they are eligible for any other immigration benefit such as a change of status or to apply to become a lawful permanent resident.
For TPS recipients residing in the Ninth Circuit or in the Sixth Circuit, please note that Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017) and Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013), respectively, have held that a grant of TPS constitutes an “admission” for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). Therefore, an individual residing within the jurisdiction of either the Ninth or Sixth Circuit, in TPS status, that initially entered without inspection satisfies the “inspected and admitted or paroled” statutory requirement, and is eligible to adjust status in the United States pursuant to section 245(a) of the INA.
- Ninth Circuit has jurisdiction over the following: Alaska, Arizona, California, and Hawaii
- Sixth Circuit has jurisdiction over the following: Tennessee, Ohio, Michigan and Kentucky
Written By: Attorney Liset Lefebvre
Mrs. Lefebvre joins the firm with 10 years of legal experience, which includes managing an immigration law firm for four years in Baton Rouge, Louisiana. Her immigration practice includes Removal Defense, Family Based Immigration, Business and Employment Immigration, Citizenship and Naturalization, I-9 Compliance and Motion Practice before the Executive Office of Immigration Review and the Board of Immigration appeals.
Prior to venturing into immigration law, Mrs. Lefebvre participated in the defense of multi-million dollar complex commercial litigation matters. She handled a broad range of civil disputes including construction defect, ERISA, FLSA, and product liability matters.
Mrs. Lefebvre is fluent in Spanish, and proficient in Italian. She is passionate about serving the community and has dedicated many hours to helping victims of domestic violence and trafficking.
Removal Defense, consular processing with waivers, fiancée visas, adjustment of status, citizenship and naturalization, deferred action (DACA), VAWA, asylum, TPS, NACARA, employment based visas, motions to reopen and appeals before the Board of Immigration appeals.
10 years, 2,500 cases