Due to the February 2021 military coup in Burma (Myanmar) and the violence since then, Burma is no longer safe for people to return to. The United States government officially recognizes this and is offering immigration help to those from Burma.
That help is temporary protected status (“TPS”). TPS allows people to remain in the U.S. until conditions in Burma improve. It also allows them to work legally in the U.S., as long as they qualify.
The U.S. government had already granted TPS status to some people from Burma. Now, the government has announced that it is extending TPS status an additional 18 months for those who already have it. Additionally, the government will grant TPS to new applicants.
TPS is now available to most people from Burma who were in the U.S. on or before Sept. 25, 2022.
- If you are already in the TPS program for Burma, you must re-register before Nov. 26, 2022.
- Initial, first-time applicants must file before May 25, 2024. However, you should apply right away if you need an employment authorization (EAD).
- If you had already applied for the TPS program for Burma by Sept. 25, 2022, and your application is still pending, you do not need to file a new application. The U.S. Citizenship and Immigration Services (USCIS) will continue processing your application.
Who qualifies for the TPS-Burma program?
Burmese nationals and people with no nationality who habitually resided in Burma are eligible.
In order to qualify for TPS status, you must be generally admissible to the United States. Or you must get a waiver of inadmissibility.
You may not be eligible for TPS if you have been convicted of a felony or two misdemeanor offenses in the U.S.
You must not be subject to a mandatory bar to asylum. For example, you must not have participated in the persecution of others.
You do not have to be in the U.S. legally to apply for TPS.
In general, you must remain in the U.S. continuously to maintain your TPS status.
EADs for existing TPS-Burma program participants automatically extended
If you are already in the TPS program for Burma and have an EAD, your authorization has been automatically extended. It is now good through May 25, 2024.
Legal help is available
If you are a former Burma resident and were in the U.S. as of Sept. 25, 2022, contact Yew Immigration Law Group. We can help you apply for TPS and an employment authorization. We have years of experience helping people live and work in the U.S.