The Department of Homeland Security (DHS) will allow Afghans who are already in the United States to remain in the country under Temporary Protected Status. In the March 16 announcement, DHS said that Temporary Protected Status (TPS) a form of humanitarian relief for foreigners who would face extreme hardship if they were forced to return to their homeland if it is devastated by armed conflict or natural disasters. DHS Secretary Alejandro Mayorkas said in a statement,
“This TPS designation will help to protect Afghan nationals who have already been living in the United States from returning to unsafe conditions. Under this designation, TPS will also provide additional protections and assurances to trusted partners and vulnerable Afghans who supported the U.S. military, diplomatic, and humanitarian missions in Afghanistan over the last 20 years.”
More than 75,000 Afghans were evacuated from Afghanis and resettled in the US. Most of these were evacuees and allowed to live in the U.S. for two years and received work permits. They may be eligible for TPS if they don’t secure a legal status before that two-year period expires.
Afghan and Iraqi allies who helped the U.S. war effort in Afghanistan may also be eligible for a Special Immigrant Visa (SIV) for themselves and for their spouse and any unmarried children under 21.
To be eligible for TPS, individuals must
• have continuously resided in the U.S. as of March 15, and the TPS designation will be in place for 18 months
• be a national of Afghanistan or a person without nationality who last habitually resided in Afghanistan
• file for TPS staus during the open initial registration or re-registration period
TPS status may apply to Afghans who were already in the U.S. prior to the evacuation and the thousands brought to the U.S. after the fall of Kabul.
Afghanistan is now one of 13 countries that have been designated for TPS:
• South Sudan
• El Salvador
When you petition or apply for Temporary Protected Status and other humanitarian defenses and immigration benefits, it is vital to have an experienced advocate by your side. United States immigration laws are complicated and updated frequently. An experienced immigration attorney at Godoy Law Office in Cook and Dupage Counties, Illinois, can review your immigration eligibility and applications or renewals. We review your situation, provide you with the proper forms and help you submit your application. Contact our office or call us at 630-912-0322.