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    4. US extends Temporary Protected Status to Afghanistan nationals

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    US extends Temporary Protected Status to Afghanistan nationals

    March 25, 2022

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    By Courtney New and Mary-Benham Nygren

    On March 16, 2022, DHS announced the designation of Afghanistan for Temporary Protected Status for 18 months.

    The Department of Homeland Security (DHS) may designate a country for Temporary Protected Status (TPS) when conditions in that country prevent the safe return of its nationals due to the following temporary conditions in the country:

    • Ongoing armed conflict
    • An environmental disaster or an epidemic
    • Other extraordinary and temporary conditions

    On March 16, 2022, DHS announced the designation of Afghanistan for TPS for a period of 18 months.

    What does this mean for Afghanistan nationals?

    For Afghanistan nationals to be eligible for TPS, they must have continuously resided in the United States since March 15, 2022. Afghanistan nationals who travel to the United States after March 15, 2022, will not be eligible for TPS.

    Afghanistan’s TPS designation will go into effect on the publication date of the forthcoming Federal Register notice. The notice will also provide instructions as to how Afghanistan nationals can apply for TPS along with an Employment Authorization Document (EAD). Applicants must meet all eligibility requirements as well as undergo security and background checks.

    During the designated period, Afghans who are TPS beneficiaries are afforded the following immigration benefits:

    • May not be removed from the United States
    • Eligible for an employment authorization document (EAD)
    • May be granted travel authorization

    What other nationalities have been approved for TPS status?

    Currently, nationals of Burma (Myanmar), El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen are eligible for TPS status.

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    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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