TPS for Burma and Haiti, and a New Refugee Green Card Review

The Department of Homeland Security (DHS) has announced major changes affecting Temporary Protected Status (TPS) for nationals of Burma (Myanmar) and Haiti, as well as a new review and pause on green card applications for certain refugees. The Law Office of Mariana Toledo-Hermina is closely monitoring these developments to help affected clients understand their options and protect their status in the United States.

TPS Termination for Burma (Myanmar)

DHS has confirmed that TPS for Burma (Myanmar) will end, with current protections and employment authorization generally continuing until January 26, 2026, for qualifying beneficiaries. After that date, Burmese nationals who have not obtained another lawful status may lose work authorization and protection from removal, making early planning essential.

TPS Termination for Haiti: Effective February 3, 2026

DHS has also announced that the TPS designation for Haiti will terminate effective February 3, 2026. Until that date, eligible Haitian TPS holders will remain protected from removal and continue to have work authorization, subject to any renewal or automatic extension instructions in the DHS notice.

Key points for Haitian TPS holders:

  • TPS status and certain EADs are expected to remain valid through February 3, 2026, under the terms of the DHS termination notice and related guidance.
  • After February 3, 2026, Haitians who have not secured another immigration status may become vulnerable to loss of work authorization and potential removal, even though advocacy groups and litigation efforts continue.
  • Relying solely on potential court challenges or political changes is risky; concrete planning with an experienced immigration attorney is strongly recommended.

Review and Pause of Refugee Green Card Applications

USCIS has issued an internal directive to review approvals and immediately pause adjudication of green card (lawful permanent resident) applications filed by refugees admitted between January 21, 2021, and February 20, 2025. This policy means that many I-485 applications filed by refugees and their derivatives from that period are now on hold, while USCIS reevaluates prior admissions and may schedule re-interviews or consider status termination in some cases.

Refugees admitted within this timeframe should:

  • Carefully preserve all immigration documents and respond promptly to any USCIS notices, especially interview notices or notices of intent to terminate refugee status.
  • Keep their mailing address and contact information current with USCIS to avoid missing critical correspondence.
  • Seek legal counsel before any re-interview or if they receive adverse notices, given the potential impact on their ability to obtain permanent residence.

The Law Office of Mariana Toledo-Hermina represents refugees in:

  • Reviewing case histories to identify any issues that could surface during USCIS review.
  • Preparing clients for re-interviews and assembling evidence of continued eligibility and good moral character. 
  • Advocating for the prompt and fair adjudication of paused green card applications where possible. 

How The Law Office of Mariana Toledo-Hermina Can Support You

These rapid policy shifts create uncertainty for TPS holders from Burma and Haiti, as well as refugees who expected a straightforward path to permanent residence. The Law Office of Mariana Toledo-Hermina is committed to providing clear, practical guidance so clients can make informed decisions and avoid gaps in status or work authorization. 

If you or a family member is affected by the TPS terminations for Burma or Haiti, or by the USCIS review and pause of refugee green card applications, contact The Law Office of Mariana Toledo-Hermina to schedule a confidential consultation and discuss your options. Early legal planning can make a significant difference in protecting your ability to live and work in the United States.