Burma (Myanmar) Designated for Temporary Protected Status

On March 12, 2021, Secretary of Homeland Security Alejandro N. Mayorkas designated Burma for Temporary Protected Status (TPS) for the next 18 months, from March 12, 2021 until September 12, 2022. This designation allows Burmese nationals (and individuals without nationality who last resided in Burma) who continuously resided in the United States as of March 11, 2021, to apply for TPS with the U.S. Citizenship and Immigration Services (USCIS).

USCIS has not yet issued a defined application process for Burmans to register for TPS. TPS is a temporary immigration status granting noncitizens the right to remain in the United States. Individuals with TPS are able to apply for Employment Authorization Documents (EADs) and for travel authorization. All individuals who apply for TPS must undergo security and background checks.

According to Secretary Mayorkas, “Due to the military coup and security forces’ brutal violence against civilians, the people of Burma are suffering a complex and deteriorating humanitarian crisis in many parts of the country. After a thorough review of this dire situation, I have designated Burma for Temporary Protected Status so that Burmese nationals and habitual residents may remain temporarily in the United States.” The Secretary of the Department of Homeland Security is able to designate a country for TPS if it falls under one or more of three categories: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

Although the USCIS has not issued specific methods of how Burmese people or people last residing in Burma can register for TPS, registering for Temporary Protected Status (TPS) generally includes the following:

  • Filing Form I-821, Application for Temporary Protected Status
  • Filing  Form I-601, Application for Waiver of Grounds of Inadmissibility, (if applicable)
  • Submitting Evidence
    • Identity and Nationality Evidence
      • A copy of your passport;
      • A copy of your birth certificate, accompanied by photo identification;  and/or
      • Any national identity document bearing your photograph and/or fingerprint  issued by your country, including documents issued by your country’s Embassy or Consulate in the United States, such as a national ID card or naturalization certificate.
    • Date of Entry Evidence
      • A copy of your passport;
      • I-94 Arrival/Departure Record
    • Continuous Residence (CR) Evidence
      • Employment records;
      • Rent receipts, utility bills, receipts or letters from companies;
      • School records from the schools that you or your children have attended in the U.S.;
      • Hospital or medical records concerning treatment or hospitalization of you or your children; or
      • Attestations by church, union or other organization officials who know you and where you have been residing

If you have any questions regarding Burma’s designation for Temporary Protected Status, or assistance with your case, please do not hesitate to contact us.