Citizens of Burma and Haiti have received news this month. United States Department of Homeland Security (DHS Secretary) Alejandro N. Mayorkas has approved Temporary Protected Status (TPS) for nationals of Burma (Myanmar) and Haiti. This benefit will extend for 18 months to the designated countries.
On March 12, 2021, DHS announced that Burma (Myanmar) will be designated for TPS. This protects Burmese nationals (and individuals without nationality who last habitually resided in Burma) to stay in the USA for another 18 months if they meet eligibility requirements. This is the first time Burma has been considered for TPS. Due to political crisis, human rights abuses, military coup and violence against civilians, DHS is extending the offer to citizens of Burma currently residing in the United States to stay for another 18 months and obtain employment authorization.
The registration period for the TPS designation of Burma (Myanmar) will be from May 25, 2021, to Nov 22, 2021. During this period, individuals who qualify for TPS can file an application. Individuals who can demonstrate continuous residence in the United States as of March 11, 2021 are eligible for TPS under Burma’s designation.
U.S. Citizenship and Immigrations Services (USCIS) estimates that approximately 1,600 individuals are eligible to apply for TPS under the designation of Burma.
On May 22, 2021, DHS announced that Haiti will be designated for TPS. Haiti is already in the current TPS country list; the status has been extended for an additional 18 months due to extraordinary and temporary conditions in Haiti. Particularly, Haiti has experienced political crisis, serious security concerns, and human rights abuses. Due to this, citizens of Haiti who are currently in the USA may not be able to return to their home country safely. Taking this information into consideration, DHS is extending TPS.
Why TPS:
Temporary Protected Status (TPS) is a temporary immigration status provided to certain countries that are experiencing issues that prevent nationals from returning to their home country from the USA.
- DHS has authority to designate a country for TPS.
- Currently, 12 countries are designated for TPS.
Basic Criteria for Designating a Country for TPS:
- Ongoing armed conflict (such as civil war)
- An environmental disaster or epidemic
- Extraordinary and temporary conditions
TPS Eligibility for Haiti citizens:
- Haiti nationals (and individuals having no nationality who last habitually resided in Haiti)
- TPS can be applied for only by individuals who were already residing In the USA as of May 21, 2021.
- Anyone reaching the USA after May 21, 2021 from Haiti will not be qualified to apply for TPS.
- Beneficiaries must file the application within the registration period.
Note: The Department of Homeland Security has yet to publish a federal registration notice designating Haiti for TPS. The agency will provide upcoming details about the registration period, including application procedures.
TPS Eligibility for Burma (Myanmar):
- Burmese nationals (and individuals having no nationality who last habitually resided in Burma)
- Only individuals who are currently residing in the USA
- Individuals must demonstrate continuous residence in the USA as of March 11, 2021
Procedure to Apply for TPS and EAD for Burma (Myanmar) Nationals:
- Individuals must submit an initial application of Form I-821
- If individuals are seeking Employment Authorization, they will need to file Form I-765
- Application must be filed during the 180-day initial registration period that runs from May 25, 2021, through November 22, 2021
- Form I-601, Application for Waiver of the Grounds of Admissibility (only if applicable)
- Include necessary fees (please see fees table below)
- When filing TPS, you must submit Identity and Nationality Evidence, Date of Entry Evidence, and Continuous Residence Evidence
Application Fees:
Submitting their first TPS application and requesting an EAD:
| Age: | Younger than 14 | 14 to 65 Years | 66 and Older |
| I-821 Fees | $50 | $50 | $50 |
| Biometric fees | $0 | $85 | $85 |
| I-765 Fees | $0 | $410 | $0 |
| Total | $50 | $545 | $135 |
Submitting their first TPS application and are not requesting an EAD:
| Age: | Younger than 14 | 14 and Older |
| I-821 Fees | $50 | $50 |
| Biometric fees | $0 | $85 |
| I-765 Fees | NA | NA |
| Total | $50 | $135 |
Re-registering for TPS and requesting an EAD:
| Age: | Younger than 14 | 14 and Older |
| I-821 Fees | $0 | $0 |
| Biometric fees | $0 | $85 |
| I-765 Fees | $410 | $410 |
| Total | $410 | $495 |
Re-registering for TPS and not requesting an EAD:
| Age: | Younger than 14 | 14 and Older |
| I-821 Fees | $0 | $0 |
| Biometric fees | $0 | $85 |
| I-765 Fees | NA | NA |
| Total | $0 | $85 |
Note: Those unable to pay fees can submit a Form I-912 application for fee waiver. Contact USCIS for additional information.
Documents required for TPS filing:
USCIS does not request submission of original documents. Please make sure to include all supporting documents as per below requirements.
- Evidence to prove your identity and nationality.
- Evidence to prove your date of entry into the United States.
- Evidence to prove your residence in the United States.
- Court disposition records (if you were ever arrested, charged, or convicted for a criminal offense)
Mailing Address: Burma (Myanmar) nationals:
Please send all necessary documents Including forms, filing fees, supporting documents to below mentioned address.
| Mail to . . . | |
| U.S. Postal Service | U.S. Citizenship and Immigration Services, Attn: TPS Burma, P.O. Box 6943, Chicago, IL 60680-6943. |
| FedEx, UPS, or DHL | U.S. Citizenship and Immigration Services, Attn: TPS Burma (Box 6943), 131 S Dearborn St. 3rd Floor, Chicago, IL 60603-5517. |
Benefits of TPS:
- Once Individuals are eligible for filing TPS and filing necessary forms, they can remain in the USA.
- They can obtain an Employment Authorization Document.
- TPS beneficiaries may also apply for and be granted travel authorization as a matter of discretion. Upon return from such authorized travel, TPS beneficiaries retain the same immigration status they had before traveling.
