Advisory: DHS Issues Regulation Designating TPS for Syria

posted on: Mar 30, 2012

Through this notice, DHS announces that the Secretary of Homeland Security has designated the Syrian Arab Republic (Syria) for TPS for a period of 18 months, effective March 29, 2012 through September 30, 2013. Under section 244(b)(1) of the Immigration and Nationality Act (Act), 8 U.S.C. 1254a(b)(1), the Secretary is authorized to grant TPS to eligible nationals of designated foreign states or parts of such states (or to eligible aliens having no nationality who last habitually resided in such states) upon finding that such states are experiencing an ongoing armed conflict, an environmental disaster, or extraordinary and temporary conditions that prevent nationals from returning in safety.

This designation allows eligible Syrian nationals (and aliens having no nationality who last habitually resided in Syria) who have both continuously resided in and been continuously physically present in the United States since March 29, 2012 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 March 29, 2012. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. In this notice, DHS also sets forth the procedures for nationals of Syria (or aliens having no nationality who last habitually resided in Syria) to apply for TPS and EADs with U.S. Citizenship and Immigration Services (USCIS).

Required Application Forms and Application Fees To Register for TPS

To register for TPS for Syria, an applicant must submit:

Application for Temporary Protected Status (Form I-821) with the form fee; and Application for Employment Authorization (Form I-765).

If you want an EAD you must pay the Application for Employment Authorization (Form I-765) fee only if you are age 14 through 65.

No Application for Employment Authorization (Form I-765) fee is required for an EAD with an initial TPS application if you are under the age of 14 or over the age of 65.

You must submit both completed application forms together.

If you are unable to pay the required fees, you may apply for a waiver for these application fees and/or the biometrics services fee described below by completing a Request for Fee Waiver (Form I-912), or submitting a personal letter requesting a fee waiver, and providing satisfactory supporting documentation.

For more information on the application forms and fees for TPS, please visit the USCIS TPS website.

Fees for Application for Temporary Protected Status (Form I-821), Application for Employment Authorization (Form I-765), and biometric services are also described in 8 CFR 103.7(b).

To meet the basic eligibility requirements for TPS, you must submit evidence that you:

Such documents may include a copy of your passport if available, other documentation issued by the SARG showing your nationality (e.g., national identity card, official travel documentation issued by the SARG), and/or your birth certificate with English translation accompanied by photo identification.

USCIS will also consider certain forms of secondary evidence supporting your Syrian nationality.

If the evidence presented is insufficient for USCIS to make a determination as to your nationality, USCIS may request additional evidence.

If you cannot provide a passport, birth certificate with photo identification, or a national identity document with your photo or fingerprint, you must submit an affidavit showing proof of your unsuccessful efforts to obtain such documents and affirming that you are a national of Syria.

However, please be aware that an interview with an immigration officer will be required if you do not present any documentary proof of identity or nationality or if USCIS otherwise requests a personal appearance. See 8 CFR 103.2(b)(9),244.9(a)(1);

Have continually resided in the United States since March 29, 2012. See 8 CFR 244.9(a)(2);
Have been continually physically present in the United States since March 29, 2012, the effective date of the designation of Syria. See sections 244(b)(2)(A) and (c)(1)(A)(i) of the Act; 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and
Present two color passport-style photographs of yourself.

The filing instructions on the Application for Temporary Protected Status (Form I-821) list all the documents needed to establish basic eligibility for TPS.

You may also see information on the acceptable documentation and other requirements for applying for TPS on the <a href=”http://salsa3.salsalabs.com/dia/track.jsp?v=2&c=BDx9g%2FMZR7SUKITK9fItxTe4KR3bmTvV”>USCIS</a> website under “TPS Designated Country–Syria.”