TPS Sudanese Nationals San Bernardino | Temporary Protected Status Guide

Quick Answer

Sudanese nationals in San Bernardino qualify for Temporary Protected Status (TPS) due to the ongoing armed conflict and humanitarian crisis in Sudan. TPS provides deportation protection, Employment Authorization Documents (EADs), and travel document eligibility. This guide covers eligibility, registration, re-registration, and pathways from TPS to permanent residency.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

San Bernardino's growing Sudanese community faces unique challenges navigating the U.S. immigration system while separated from family members enduring the devastating conflict in Sudan. SoCal Immigration Services provides comprehensive TPS assistance to Sudanese nationals throughout the Inland Empire, with Arabic-speaking staff who understand Sudanese documentation systems and the specific barriers Sudanese applicants encounter during the TPS process.

Sudan TPS Designation: Background and Current Status

The Department of Homeland Security designated Sudan for Temporary Protected Status in response to the armed conflict that erupted in April 2023 between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF). This conflict has produced one of the world's largest humanitarian crises, with over 12 million people internally displaced, more than 2 million refugees fleeing to neighboring countries, and tens of thousands of documented civilian deaths.

Current TPS Designation Details:

The Sudan TPS designation applies to Sudanese nationals who have been continuously residing in the United States since the designation date published in the Federal Register. DHS has extended and redesignated Sudan for TPS multiple times since the initial designation, reflecting the ongoing and worsening conditions in Sudan. Each redesignation establishes new eligibility dates that allow recently arrived Sudanese nationals to apply.

What TPS Protection Provides:

TPS grants Sudanese nationals protection from removal (deportation) proceedings for the duration of the designation. Beneficiaries receive Employment Authorization Documents (EADs) allowing legal employment anywhere in the United States. TPS holders become eligible for travel authorization documents to visit countries other than Sudan. TPS status does not expire as long as the beneficiary maintains eligibility and DHS continues the designation.

TPS Eligibility Requirements for Sudanese Nationals

USCIS evaluates each TPS application against specific eligibility criteria. Sudanese nationals in San Bernardino must satisfy every requirement to receive TPS benefits.

•Nationality Requirement: Must be a national of Sudan or a stateless person who last habitually resided in Sudan. USCIS accepts Sudanese passports, national identification cards, birth certificates, or other documentary evidence of Sudanese nationality.
•Continuous Residence: Must demonstrate continuous residence in the United States since the date specified in the most recent Federal Register notice for Sudan TPS. Brief, casual, and innocent departures do not break continuous residence.
•Continuous Physical Presence: Must have been continuously physically present in the United States since the date specified in the Federal Register notice. This requirement is separate from continuous residence and must be independently documented.
•Timely Registration: Must file during the designated registration period or demonstrate eligibility for late initial registration. Late registration is available for applicants who can show the delay was due to extraordinary circumstances.
•Admissibility: Must be admissible as an immigrant under the Immigration and Nationality Act, with certain grounds waivable specifically for TPS applicants.
•No Disqualifying Criminal History: Must not have been convicted of any felony or two or more misdemeanors committed in the United States. Must not have participated in persecution of others.

TPS Registration and Re-Registration Process

Understanding the distinction between initial registration and re-registration is critical for maintaining uninterrupted TPS status and work authorization.

1
Determine Your Registration Type
Initial registration applies to Sudanese nationals applying for TPS for the first time. Re-registration applies to current TPS holders who must renew their status during each re-registration period announced in the Federal Register. Missing a re-registration deadline results in loss of TPS status.
2
Complete Required Forms
File Form I-821 (Application for Temporary Protected Status) for both initial registration and re-registration. File Form I-765 (Application for Employment Authorization) simultaneously to obtain or renew your work permit. Both forms must be filed together.
3
Gather Supporting Documentation
Collect proof of Sudanese nationality (passport, national ID, birth certificate), evidence of continuous U.S. residence (lease agreements, utility bills, bank statements, pay stubs, school records), two passport-style photographs, and court records for any criminal history.
4
Calculate and Submit Filing Fees
Initial registration requires the I-821 filing fee plus I-765 fee and biometrics fee. Re-registration requires only the I-765 fee and biometrics fee. Fee waivers are available through Form I-912 for applicants demonstrating financial hardship. USCIS waives fees for applicants under 14 years old.
5
Submit Complete Application Package
Mail the complete application to the USCIS lockbox facility specified in the Federal Register notice. Use USPS certified mail or a trackable delivery service. Retain copies of every document submitted. USCIS issues a receipt notice (Form I-797C) confirming receipt.
6
Attend Biometrics Appointment
USCIS schedules a biometrics appointment at the nearest Application Support Center. San Bernardino residents typically attend the San Bernardino ASC. Bring your appointment notice, valid photo identification, and Form I-797C receipt notice.
7
Receive Decision and EAD Card
USCIS processes TPS applications within 3 to 6 months. Upon approval, USCIS mails the Employment Authorization Document (EAD card) directly to the applicant. The EAD is valid for the duration of the current TPS designation period.

Employment Authorization Through TPS

TPS provides Sudanese nationals with full work authorization in the United States through the Employment Authorization Document (EAD), opening employment opportunities across all industries and occupations.

EAD Benefits for Sudanese TPS Holders:

The TPS-based EAD (Category Code A-12 or C-19) authorizes unrestricted employment with any U.S. employer. Sudanese nationals use the EAD to obtain Social Security numbers, apply for professional licenses, and verify employment eligibility through the I-9 process. The EAD also serves as a valid identification document accepted by most government agencies and financial institutions.

Automatic EAD Extensions:

When DHS extends or redesignates Sudan for TPS, it typically publishes a Federal Register notice automatically extending existing EADs for a specified period. During automatic extension periods, Sudanese TPS holders present their expired EAD along with the Federal Register notice to employers as proof of continued work authorization. Employers must accept this combination under anti-discrimination provisions of the Immigration and Nationality Act.

Processing Times and Interim Work Authorization:

USCIS processes TPS-related EAD applications within 3 to 6 months. Applicants whose current EADs expire before receiving renewal cards benefit from automatic extensions published in the Federal Register. San Bernardino employers are required by law to accept valid automatic extension documentation without requesting additional proof.

Travel Authorization for Sudanese TPS Holders

Sudanese TPS holders in San Bernardino who need to travel internationally must obtain advance authorization from USCIS before departing the United States. Unauthorized travel can result in permanent loss of TPS status.

Obtaining a Travel Document:

TPS holders apply for travel authorization by filing Form I-131 (Application for Travel Document) with USCIS. Processing takes 3 to 5 months. The approved travel document allows departure from and re-entry to the United States without abandoning TPS status. Travel documents are typically valid for one year.

Critical Travel Restrictions:

Travel to Sudan while holding TPS is strongly discouraged and creates serious legal risks. Returning to Sudan voluntarily undermines the basis of TPS protection, as TPS is granted specifically because conditions in Sudan are unsafe. USCIS has denied TPS re-registration applications from individuals who traveled to their country of designation without compelling reasons. Travel to third countries (not Sudan) with proper documentation does not affect TPS status.

Re-Entry After Authorized Travel:

Upon returning to the United States, present your travel document, valid EAD, and TPS approval notice (Form I-797) to Customs and Border Protection officers. CBP officers verify TPS status and admit the traveler under TPS authorization. Keep all travel documents organized and accessible when crossing the border.

TPS Application Costs and Fee Schedule

Understanding the complete cost structure helps Sudanese families in San Bernardino plan for TPS filing expenses and identify available fee relief options.

Fee Component	Initial Registration	Re-Registration
Form I-821 (TPS Application)	$50	$0
Form I-765 (EAD Application)	$410	$410
Biometrics Fee	$85	$85
Form I-131 (Travel Document)	$630	$630
Passport Photos (2 required)	$15 - $20	$15 - $20
Certified Document Translations	$50 - $200	N/A (if previously submitted)
Attorney Fees (recommended)	$800 - $2,000	$500 - $1,000
Total Without Travel Document	$1,410 - $2,765	$1,010 - $1,515
Total With Travel Document	$2,040 - $3,395	$1,640 - $2,145

Pathways from TPS to Permanent Residency (Green Card)

TPS itself does not provide a direct path to permanent residency, but Sudanese TPS holders have several viable pathways to obtain green cards while maintaining TPS protection.

Family-Based Immigration:

Sudanese TPS holders with U.S. citizen spouses, parents, or adult children over 21 can pursue family-based green cards through Form I-130 petitions. TPS holders who entered the United States with a valid visa or were paroled into the country are eligible to adjust status (Form I-485) without leaving the United States. Those who entered without inspection face additional barriers but may qualify for adjustment under Section 245(i) if an immigrant petition was filed on their behalf before April 30, 2001.

Employment-Based Immigration:

Sudanese TPS holders working in professional positions can pursue employer-sponsored green cards through the PERM labor certification and I-140 petition process. The EB-2 and EB-3 categories are most common for Sudanese professionals. TPS holders with valid EADs maintain lawful status during the multi-year employment-based process.

Asylum as a Parallel Path:

Many Sudanese nationals hold both TPS and pending asylum applications. Asylum grants provide a direct path to permanent residency one year after approval. TPS and asylum are independent protections; holding one does not affect eligibility for the other. Sudanese nationals with strong persecution claims based on ethnicity, political opinion, or membership in a targeted group should maintain active asylum cases.

Special Immigrant Categories:

Sudanese nationals who have served as interpreters or translators for the U.S. military or government may qualify for Special Immigrant Visas. Religious workers serving Sudanese congregations in San Bernardino may qualify for the R-1 religious worker visa program leading to permanent residency.

Registry (INA Section 249):

Sudanese nationals who have continuously resided in the United States since before January 1, 1972, and meet other requirements may apply for permanent residency under the registry provision. This pathway applies to a very limited number of long-term residents.

Common TPS Application Mistakes and How to Avoid Them

USCIS denies or delays thousands of TPS applications annually due to preventable errors. Sudanese applicants in San Bernardino should avoid these common pitfalls to ensure timely approval.

•Missing Re-Registration Deadlines: DHS announces re-registration periods in the Federal Register with specific start and end dates. Set calendar reminders 60 days before the deadline. Late re-registration results in loss of TPS status and work authorization.
•Insufficient Evidence of Continuous Residence: Gaps in documentation raise red flags. Maintain a continuous paper trail through lease agreements, utility bills, bank statements, medical records, school enrollment records, and employment pay stubs covering every month since the qualifying date.
•Failing to Disclose Criminal History: USCIS conducts FBI background checks on all TPS applicants. Failing to disclose arrests or convictions (even dismissed cases) constitutes fraud and results in denial. Disclose everything and provide certified court dispositions for all criminal incidents.
•Incorrect Fee Payments: Sending the wrong amount or using an unacceptable payment method results in automatic rejection. Verify current fees on USCIS.gov before filing. Personal checks must include the applicant's legal name and A-number if previously assigned.
•Using Outdated Forms: USCIS regularly updates form editions and rejects applications filed on expired versions. Download forms directly from USCIS.gov immediately before filing. Check the form edition date in the bottom-left corner.
•Failing to File I-765 Simultaneously: Applicants who file Form I-821 without Form I-765 receive TPS protection but no work authorization. Always file both forms together to avoid gaps in employment eligibility.

FAQFrequently Asked Questions

Q:How long does TPS last for Sudanese nationals and can it be extended?

A: Each TPS designation period lasts 18 months. DHS reviews conditions in Sudan before each expiration and has consistently extended and redesignated Sudan for TPS since the initial designation. Sudanese nationals must re-register during each re-registration period to maintain their status. TPS continues as long as DHS determines that conditions in Sudan remain unsafe for return.

Q:Can I work legally in the United States with Sudan TPS?

A: Yes. TPS provides full work authorization through an Employment Authorization Document (EAD). The EAD allows unrestricted employment with any U.S. employer in any occupation. You receive the EAD by filing Form I-765 with your TPS application. The EAD is valid for the current TPS designation period and is renewable with each re-registration.

Q:What happens if I miss the TPS re-registration deadline?

A: Missing the re-registration deadline results in loss of TPS status and work authorization. You become subject to removal proceedings and lose your EAD. If you miss the deadline, you may request late re-registration by demonstrating extraordinary circumstances that prevented timely filing, such as serious illness, postal service failure, or attorney error. File as soon as possible with a detailed explanation.

Q:Can I travel outside the United States while on TPS?

A: Yes, but you must obtain advance travel authorization by filing Form I-131 before departing. Travel without authorization results in abandonment of TPS status. Approved travel documents allow re-entry to the United States. Travel to Sudan is strongly discouraged as it undermines the basis of your TPS protection and USCIS may deny future re-registration.

Q:Does TPS lead to a green card or permanent residency?

A: TPS itself does not provide a direct path to a green card. However, TPS holders pursue permanent residency through family-based petitions (if married to a U.S. citizen or have U.S. citizen relatives), employer-sponsored green cards, asylum, or other immigration categories. TPS holders who entered the U.S. with valid visas and have approved I-130 petitions can file for adjustment of status.

Q:Can my family members qualify for TPS if they are also Sudanese?

A: Each family member must file a separate TPS application and independently meet all eligibility requirements including nationality, continuous residence, continuous physical presence, and admissibility. Spouses and children do not automatically receive TPS through a family member's approval. Children under 14 filing with a parent are exempt from certain fees. Each approved family member receives their own EAD.

Disclaimer: This article provides general information about immigration services in San Bernardino 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: March 7, 2026Last Updated: March 7, 2026

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TPS for Sudanese Nationals in San Bernardino: Temporary Protected Status Guide for Arab Immigrants