Due to the ongoing humanitarian crisis in Afghanistan, the Department of Homeland Security announced this week that nationals of Afghanistan currently in the United States may apply for Temporary Protected Status (TPS) so that they can stay in the United States for the next 18 months. Afghan nationals must demonstrate continuous residence in the United States as of March 15, 2022 in order to apply for TPS.

Previously, most Afghan nationals who arrived as part of the evacuation effort (Operation Allies Welcome) were paroled into the United States on a case-by-case basis. The TPS designation will provide additional protection to individuals who received the two-year humanitarian parole, as well as to other Afghan nationals already present in the United States. Information on registering for TPS is available here.

By way of background, the Department of Homeland Security grants TPS to nationals of a country who are in the United States where conditions in that person’s country temporarily prevent him or her from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. This is typically due to: 1) ongoing armed conflict (such as civil war); 2) an environmental disaster (such as earthquake or hurricane), or an epidemic; or 3) other extraordinary and temporary conditions.

TPS beneficiaries are given work authorization, protected from removal, and may obtain travel permission.

Most recently, the United States granted TPS to Ukrainian nationals in the United States on or before March 1, 2022.

This alert is for informational purposes only. Please contact me if you would like to discuss this development further.