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Sudanese nationals in San Marcos may qualify for asylum based on persecution from the ongoing civil conflict, or TPS if they were in the U.S. before the October 2023 designation date. Both programs provide protection from deportation and work authorization. With Arabic-speaking immigration professionals, SoCal Immigration Services helps Sudanese families navigate these complex processes.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

San Marcos and the North San Diego County region have become home to a growing Sudanese community seeking safety from the ongoing crisis in Sudan. Whether you live near Cal State San Marcos, the residential areas along San Marcos Boulevard, or the communities near Discovery Street, this guide provides essential information about asylum protection and Temporary Protected Status (TPS) for Sudanese nationals. The conflict that erupted in April 2023 between the Sudanese Armed Forces and the Rapid Support Forces has displaced millions, and the U.S. has recognized Sudan for TPS designation, providing critical protection for those already in America.

Understanding the Crisis in Sudan

The conflict in Sudan has created one of the world's worst humanitarian disasters. Since fighting began in April 2023 between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF), millions have been displaced, thousands killed, and widespread human rights violations documented. The U.S. government has recognized the severity of this crisis through TPS designation and continues to grant asylum to those with well-founded fears of persecution.

•Over 9 million people internally displaced within Sudan since April 2023
•More than 1.5 million refugees have fled to neighboring countries
•Documented ethnic violence, particularly in Darfur region
•Systematic sexual violence used as weapon of war
•Destruction of civilian infrastructure and healthcare facilities
•Food insecurity affecting over 25 million Sudanese
•Both SAF and RSF accused of war crimes by international observers
•U.S. designated Sudan for TPS on October 19, 2023

Temporary Protected Status (TPS) for Sudanese Nationals

TPS provides temporary protection from deportation and work authorization for Sudanese nationals who were present in the United States on October 19, 2023. If you meet the eligibility requirements and register during the designated period, you receive protection as long as Sudan's TPS designation remains in effect. TPS must be renewed during each re-registration period.

TPS Requirement	Details	Documentation Needed
Nationality	Sudanese citizen or stateless person who last resided in Sudan	Passport, birth certificate, national ID
Continuous presence	Present in U.S. since October 19, 2023	Lease agreements, utility bills, employment records
Continuous residence	Resided continuously in U.S. since TPS designation	Address history, mail, financial records
Admissibility	Not subject to criminal bars	Background check, court records if applicable
Registration	File during initial or re-registration period	Form I-821, supporting documents, fees

TPS Application Process for Sudan

Registering for TPS requires careful documentation of your nationality, presence in the United States, and continuous residence. The process involves filing Form I-821 (Application for Temporary Protected Status) along with supporting evidence. Working with experienced immigration professionals helps ensure your application is complete and properly documented.

1
Gather nationality documents
Collect your Sudanese passport, birth certificate, or national ID card proving Sudanese citizenship or last residence
2
Document continuous presence
Compile evidence showing you were in the U.S. on October 19, 2023: dated photos, financial records, medical records, employment documents
3
Prove continuous residence
Show uninterrupted residence since TPS designation with leases, utility bills, bank statements, school records
4
Complete Form I-821
File Application for Temporary Protected Status with USCIS, including all required supporting documentation
5
File Form I-765
Submit Application for Employment Authorization to receive work permit along with TPS
6
Attend biometrics appointment
Provide fingerprints and photos at designated USCIS Application Support Center
7
Receive decision
USCIS reviews application and issues approval notice or requests additional evidence

Asylum for Sudanese Nationals

Asylum provides permanent protection for Sudanese nationals who have suffered persecution or have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Unlike TPS, asylum leads to permanent residency and eventual citizenship. You must file within one year of arrival in the United States unless exceptions apply.

•Based on persecution by government forces (SAF) or armed groups (RSF)
•Ethnic persecution, particularly against non-Arab groups in Darfur
•Political persecution for opposition activities or perceived allegiances
•Religious persecution against Christians or targeted Muslim groups
•Gender-based persecution including sexual violence survivors
•Persecution of journalists, activists, and human rights defenders
•Must file within one year of U.S. arrival (exceptions may apply)
•Leads to green card after one year and citizenship after five years

Documenting Persecution for Asylum Claims

Strong asylum cases require compelling evidence of persecution. For Sudanese applicants, this means documenting both individual experiences and the broader pattern of violence and human rights violations. Country conditions evidence from the State Department, human rights organizations, and news media supports individual claims.

•Personal declaration describing your persecution experiences in detail
•Medical records documenting injuries from violence or torture
•Photographs of injuries, destroyed property, or threatening messages
•Witness statements from family members, friends, or community members
•Death certificates or evidence of harm to family members
•Documentation of ethnic identity, political activities, or group membership
•Country conditions reports from State Department and human rights groups
•News articles about violence in your specific region or against your group
•Expert testimony on conditions in Sudan when available

Special Considerations for Darfur Asylum Cases

The violence in Darfur has been characterized as ethnic cleansing and genocide by international observers. Non-Arab ethnic groups including the Fur, Masalit, and Zaghawa have faced systematic targeting. Asylum cases involving Darfur persecution often have strong country conditions support, but individual experiences must still be documented.

•Documented ethnic cleansing campaigns against non-Arab populations
•Systematic destruction of villages and displacement of communities
•Sexual violence used as weapon targeting specific ethnic groups
•RSF (formerly Janjaweed) atrocities well-documented by international bodies
•Ethnic identity can be established through tribal affiliation, language, physical features
•Historical persecution since 2003 provides pattern evidence
•UN and ICC investigations provide authoritative documentation
•Family connections to previous Darfur refugees may support claims

Work Authorization for Sudanese TPS Holders and Asylum Seekers

Both TPS and asylum provide paths to work authorization, allowing Sudanese nationals to legally work in the United States while their status is active or their cases are pending. Understanding the timeline and requirements helps you plan for employment.

Status	Work Authorization Timing	How to Apply
TPS approved	Immediate upon approval	File I-765 with I-821 application
TPS pending	May work with receipt notice after 30 days	Auto-extension if valid prior EAD
Asylum pending	180 days after filing if no decision	File I-765 with (c)(8) category
Asylum approved	Immediate, indefinite	I-765 or work with I-94

Family Considerations for Sudanese Immigrants

Many Sudanese families have members scattered across multiple countries due to the crisis. Understanding how to include family members in TPS and asylum applications, as well as options for family reunification, is essential for keeping families together.

•TPS: Spouse and children in U.S. can file their own TPS applications
•Asylum: Spouse and unmarried children under 21 in U.S. can be included as derivatives
•Family members abroad cannot be included in TPS or asylum applications
•After asylum approval, follow-to-join petitions available for family abroad
•After TPS, no direct path to bring family unless you have other status
•Refugee family reunification (I-730) available for qualifying refugees
•Family-based petitions possible once you become permanent resident or citizen

Common Challenges for Sudanese Applicants

Sudanese TPS and asylum applicants often face unique challenges related to documentation, translation, and proving their claims. Understanding these challenges helps you prepare more effectively and avoid common pitfalls.

•Missing documents due to displacement and destruction in Sudan
•Difficulty obtaining documents from Sudanese government agencies
•Translation requirements for Arabic documents (must be certified)
•Establishing identity without standard documentation
•Proving continuous presence if you arrived without inspection
•One-year asylum filing deadline may require exception arguments
•Trauma affecting ability to recount persecution experiences
•Different Arabic dialects may require specialized translators

Resources for Sudanese Community in San Marcos

San Marcos and greater San Diego County offer various resources for Sudanese refugees and immigrants. Connecting with community organizations and support services helps families navigate the transition to life in the United States.

•International Rescue Committee San Diego: Refugee resettlement and services
•Jewish Family Service of San Diego: Immigration legal services
•Horn of Africa Community Center: East African community support
•Alliance for African Assistance: Refugee and immigrant services
•Somali Family Service: Serves broader East African community
•San Diego Refugee Communities Coalition: Advocacy and resources
•Local mosques and churches: Spiritual and community support
•Arabic-speaking healthcare providers: Culturally competent medical care

Differences Between TPS and Asylum

Understanding the differences between TPS and asylum helps Sudanese nationals choose the best protection option for their situation. Some individuals may qualify for both and need to consider the benefits and limitations of each.

Factor	TPS	Asylum
Duration	Temporary, must renew	Permanent once granted
Path to green card	No direct path	Apply after one year
Path to citizenship	No direct path	Five years after green card
Family members	Must apply separately	Derivatives included
Travel	Advance parole required	Refugee travel document
Filing deadline	During registration period	Within one year of arrival
Eligibility basis	Presence during designated period	Individual persecution

FAQFrequently Asked Questions

Q:Can I apply for both TPS and asylum at the same time?

A: Yes, you can apply for both TPS and asylum simultaneously if you qualify for each. TPS provides immediate protection while your asylum case is pending. If asylum is granted, you have a permanent status that leads to a green card. If asylum is denied, TPS may still protect you as long as Sudan remains designated. Many Sudanese nationals pursue both paths to maximize their protection options.

Q:What if I arrived in the U.S. after the TPS designation date?

A: If you arrived after October 19, 2023, you do not qualify for TPS under the current designation. However, you may still qualify for asylum if you have a well-founded fear of persecution. You must file for asylum within one year of your arrival date. If TPS is re-designated with a new date that covers your arrival, you may become eligible for TPS at that time.

Q:How do I prove I was in the U.S. on the TPS designation date?

A: USCIS accepts various types of evidence to prove presence on October 19, 2023. This includes dated photographs, medical or dental records, school records, employment records, bank statements, lease agreements, utility bills, or dated receipts. Even social media posts with location data can help. If you lack traditional documentation, affidavits from people who can attest to your presence may supplement other evidence.

Q:What happens if my TPS application is denied?

A: If your TPS application is denied, you may be placed in removal proceedings if you have no other legal status. You can appeal certain denials or file a motion to reopen if there was an error. Having an immigration attorney review your case before denial becomes final is critical. If denied for discretionary reasons, you may still pursue asylum or other forms of relief.

Q:Can I travel outside the U.S. with TPS?

A: TPS holders must obtain advance parole (travel permission) before leaving the United States. File Form I-131 and receive approval before travel. Leaving without advance parole can result in denial of re-entry and loss of TPS. Travel to Sudan while holding TPS based on Sudan conditions may raise questions about your need for protection. Consult with an immigration attorney before any international travel.

Q:How long does it take to get TPS approved?

A: TPS processing times vary but typically range from 3-12 months. During this time, if you filed Form I-765 for employment authorization, you may receive work authorization before your TPS is fully adjudicated. USCIS provides automatic extensions for those who timely re-register, ensuring continuous protection while applications are processed.

Q:What documents do I need from Sudan for my application?

A: Key documents include your passport, national ID card, birth certificate, or any other official Sudanese document proving nationality. If you cannot obtain documents from Sudan due to the conflict, you can provide secondary evidence such as affidavits from community members who know you, school records, or other identity documents. Explain in your application why primary documents are unavailable.

Q:Is my asylum case stronger because of the current conflict in Sudan?

A: The current conflict strengthens country conditions evidence for Sudanese asylum cases, but you must still demonstrate individual persecution or fear of persecution. Simply being from Sudan is not enough. You need to show why you specifically would be targeted based on your ethnicity, political opinion, religion, or other protected ground. The widespread violence supports claims but does not replace individual evidence.

Disclaimer: This article provides general information about immigration services in San Marcos and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: January 22, 2026Last Updated: January 22, 2026

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Sudanese Asylum Support in San Marcos: Protection for Families Fleeing Crisis