Burma (Myanmar) Designated for Temporary Protected Status
Nationals of Burma (Myanmar) (or individuals who last resided therein) who are currently inside the United States may be able to lawfully remain in the country on what is called “Temporary Protected Status” or “TPS.” On May 25, 2021, Secretary Mayorkas designated Burma for TPS for 18 months. The initial registration period was set to end on November 22, 2021, however, on August 3, 2021, it was extended until November 25, 2022. Burma was designated for TPS due to the February 1, 2021 coup perpetrated by the Burmese military, the one-year state of emergency that was declared, the occurrence of large-scale human rights abuses, and the resulting humanitarian crisis.
The Secretary of Homeland Security has the authority to designate countries eligible for TPS if the conditions of the country, like in Burma, are such that its nationals cannot safely return. Eligible country conditions include ongoing armed conflicts, environmental disasters, or other extraordinary temporary conditions. Individuals found to be preliminarily eligible for, or that have already been granted, TPS cannot be deported from the U.S. during the designated TPS period. They can also request an employment authorization document that would allow them to legally work in the United States. To be eligible for TPS, the national (or qualifying resident) must have been continuously present in the United States since May 25, 2021, and have continuous residence in the United States since March 11, 2021. They must apply with the U.S. Citizenship and Immigration Services (USCIS) before November 25, 2022.
As its name implies, TPS is only a temporary benefit, though the initial designation period can be extended. TPS does not provide a long-term path to residency in the U.S. For example, TPS beneficiaries cannot apply for green cards (lawful permanent resident status) as a result of receiving TPS. However, receiving TPS will not prohibit them from applying for any other immigration status for which they are independently eligible.
The attorneys at Tanner Law Offices can assist you or your loved ones in the process of seeking Temporary Protected Status. We are experienced in representing clients before the USCIS. Please Contact our office or contact our office at 717-731-8114 to schedule a consultation to discuss your case.