DHS Notice of Designation of the Republic of Yemen for TPS

Summary: DHS has issued a notice that the Republic of Yemen has been designated for Temporary Protected Status (TPS) for a period of 18 months, effective 9/3/15 through 3/3/17. The 180-day registration period for eligible individuals to submit TPS applications runs until 3/1/16. (80 FR 53319, 9/3/15).

Department of Homeland Security (DHS) has announced that the Secretary of Homeland Security (Secretary) has designated the Republic of Yemen (Yemen) for Temporary Protected Status (TPS) for a period of 18 months, effective September 3, 2015, through March 3, 2017. Under section 244(b)(1)(A) of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(A), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that there is an ongoing armed conflict within the foreign state and, due to such conflict, requiring the return of nationals of the state would pose a serious threat to their personal safety.

This designation allows eligible Yemeni nationals (and aliens having no nationality who last habitually resided in Yemen) who have continuously resided in the United States since September 3, 2015, and have been continuously physically present in the United States since September 3, 2015 to be granted TPS. This Notice also describes the other eligibility criteria applicants must meet.

Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on September 3, 2015, and ends on March 1, 2016. They may also apply for Employment Authorization Documents (EAD) and for travel authorization.

What is Temporary Protected Status (TPS)? • TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the INA, or to eligible persons without nationality who last habitually resided in the designated country. • During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to work and to obtain EADs, so long as they continue to meet the requirements of TPS. • TPS beneficiaries may be granted travel authorization as a matter of discretion. • The granting of TPS does not result in or lead to lawful permanent resident status. • To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2). • When the Secretary terminates a country’s TPS designation, beneficiaries return to the same immigration status they maintained before TPS, if any (unless that status has since expired or been terminated), or to any other lawfully obtained immigration status they received while registered for TPS.

If you have any questions about TPS or would like to apply for one, feel free to contact our attorneys at info@visas-us.com or call us at (919) 932-4593.

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