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Secretary Mayorkas Designates Burma for Temporary Protected Status

On March 12, 2021, Secretary Mayorkas of the Department of Homeland Security designated Burma for Temporary Protected Status (TPS) for 18 months. Under this new designation, Burmese nationals (and individuals without nationality that last resided in Burma) residing in the United States can apply for TPS if they meet the eligibility requirements.

For a Burmese national (or individual without nationality that last resided in Burma) to be eligible for TPS, he or she must be able to demonstrate continuous residence in the United States as of March 11, 2021. Individuals who wish to apply for TPS muse do so within the 180-day registration period. They may also apply for an Employment Authorization Document (EAD) and for travel authorization. All individuals applying for TPS undergo background checks as a part of determining eligibility.

An individual may be barred from eligibility for TPS if they:

  • Have been convicted of any felony or two or more misdemeanors committed in the United States

  • Are found inadmissible under INA 212(a) (including health-related grounds, criminal grounds, and security and terror-related grounds)

  • Are subject to any of the mandatory bars to asylum (including a conviction of a “particularly serious crime” or a finding that the individual poses a danger to the security of the United States)

A forthcoming Federal Register notice will detail additional eligibility criteria. Individuals are encouraged to consult a reputable and qualified immigration attorney before filing for TPS, an EAD, or other immigration benefits.

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