Yemen Designated for Temporary Protected Status

The U.S. Department of Homeland Security (DHS) has designated Yemen for temporary protected status (TPS) due to ongoing armed conflict in that country. Effective September 3, 2015, nationals of Yemen living in the United States may be eligible to apply for permission to remain in the United States under the TPS program.

Temporary Protected Status

TPS allows nationals of designated countries to remain in the U.S. for a specified temporary period, due to conditions in their respective home countries that would prevent a safe return. The types of conditions that can give rise to a TPS designation include: armed conflicts, environmental disasters, epidemics, earthquakes, and other extraordinary, temporary conditions. Individuals who are granted TPS are protected against removal (deportation) from the United States, and are eligible to apply for work and travel authorization. The TPS period is limited and does not lead to a permanent immigration status.

General Eligibility Requirements

In order to qualify for TPS under this designation, an individual must be a national of Yemen, or must have last habitually resided in Yemen, if the person has no nationality. The applicant must have been residing in the United States since September 3, 2015, and must have also been “continuously physically present” in the U.S. since that date. The filing deadline is March 1, 2016. More information on the eligibility requirements and application procedure is available on the TPS page of the U. S. Citizenship and Immigration Services (USCIS) WebSite.

Initial TPS Granted Until March 3, 2017

The TPS designation for Yemen has been granted initially through March 3, 2017. If the country conditions do not sufficiently improve by that date, the DHS has the discretion to extend the duration of the TPS designation. If this occurs, stakeholders must be mindful of the need to reregister and, in most cases, apply to renew their temporary work authorization.

Conclusion

The United States has a proud tradition of offering humanitarian relief to foreign nationals during emergency situations. The ongoing civil unrest in Yemen makes returning to that country far too dangerous. This move by the DHS should offer at least a modicum of relief and protection to those who are unable to safely return home.

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