For thousands of Afghan nationals living in the United States, Temporary Protected Status (TPS) has provided relief from deportation, legal work authorization, and time to recover and rebuild. But now, TPS for Afghans is ending.
But a July 22 appeals court ruling has marked a decisive shift: TPS for Afghanistan was officially terminated on July 14, briefly extended through July 21, and is now no longer in effect. Nearly 11,700 Afghans now face the loss of legal protections and the risk of removal. With no new applications being accepted, Afghan nationals must act swiftly to explore other legal pathways before it’s too late.
If you’re among those affected, you’re not alone, and knowing your rights is more urgent than ever.
What the Court Decision Means
A federal appeals court ruled that the government may move forward with TPS terminations for Afghan nationals. This lifts the temporary stay that briefly protected Afghans beyond July 14, and now officially confirms that TPS for Afghanistan has ended.
Who Is Affected And Why It Matters
For around 11,700 Afghan TPS holders who arrived after 2021, this means immediate loss of work authorization and vulnerability to deportation. While some Afghan TPS holders already hold green cards, about 3,600, the vast majority are left in legal limbo. The termination of TPS for Afghans creates urgent challenges: lost jobs, family separation, and a return to danger.
Some of the Afghans now at risk are individuals who once stood alongside the U.S. military, diplomatic missions, or humanitarian organizations. These include interpreters, drivers, embassy staff, and others who cooperated with U.S. forces before and during the 2021 Taliban takeover. They were often targeted by the Taliban, and fleeing to the U.S. became a matter of survival. The termination of their TPS now puts these same individuals in danger once again, cutting off life-saving legal protections.
What the End of TPS Means for You
The Department of Homeland Security has announced that TPS for Afghan nationals will be terminated, with a brief wind-down period before protections officially end.
What this means:
- Your work permit and legal status will expire.
- If you don’t transition to another status, you may be considered undocumented.
- You could become a target for immigration enforcement or deportation.
What Are Your Legal Options Now?
If you were relying on TPS or planned to apply for it, there are still other legal pathways available to help you remain in the U.S. safely and lawfully:
- Immediate Relief: Asylum or Withholding of Removal
If you fear persecution by the Taliban or other groups, you may still be eligible for asylum or withholding of removal. Asylum is available if you can demonstrate a well-founded fear of persecution based on race, religion, gender, political opinion, ethnicity, political affiliation, or membership in a particular social group.
TPS expiration does not prevent you from applying for asylum, even if your one-year filing deadline has passed, your prior TPS can count as an “extraordinary circumstance” to waive that deadline.
You must file within one year of arrival, unless there are exceptional circumstances.
- Special Immigrant Visa (SIV) Pathway
If you worked for the U.S. military, embassy, contractors, or international organizations in Afghanistan, you may be eligible for a Special Immigrant Visa (SIV). This pathway was created to protect Afghan allies and can lead to a green card and permanent status once approved.
- T Visa for Trafficking Survivors
Many Afghans, especially women, youth, and recent parolees, have experienced labor exploitation, coercion, or abuse while in the U.S. or during their journey here. If you were:
- Forced to work under threats or manipulation,
- Coerced into providing services in exchange for promises of immigration status or safety,
- Controlled by someone who used your immigration status as leverage,
You may qualify for a T visa. This protection is designed for survivors of human trafficking, whether labor, domestic, or sexual exploitation, and can lead to a green card and protection for family members.
T visa applicants do not need to be in lawful status, and even undocumented individuals can qualify if they’ve been exploited.
- Humanitarian Parole & Other Relief Programs
While not guaranteed, humanitarian parole is sometimes available in specific cases, such as urgent medical needs or family reunification. Parole does not lead directly to permanent status, but it can temporarily allow you to remain and work legally in the U.S.
Meanwhile, other options like U visas (for victims of crime) or VAWA self-petitions may be available depending on your personal circumstances.
- Family-Based Immigration
If you have a U.S. citizen or green card holder spouse, parent, or adult child, you may be able to obtain lawful permanent residency through family sponsorship.
Even if you’re currently out of status, certain waivers or humanitarian programs may help. A green card through family may provide stronger long-term security than TPS.
Keep in mind, this option generally requires lawful entry into the United States.
What If None of These Paths Are Available?
If you don’t qualify for asylum, SIV, family-based immigration, T Visa, or any humanitarian relief:
- Maintain lawful status in another way if possible, such as a student or work visa (if eligible).
- Avoid accruing unlawful presence, which could trigger future bars to entry.
- Seek legal help promptly, especially if ICE reaches out or issues a Notice to Appear.
Most critically, do not assume that TPS termination means deportation is automatic; legal risk increases, but so do available relief options.
What You Can Do Now
Letting TPS expire without finding another legal path can lead to:
- Loss of work authorization
- Ineligibility for future immigration benefits
- ICE detention or removal proceedings
If you’ve lost your TPS eligibility, you can:
- Immediately consult an immigration attorney.
- Review whether you qualify for asylum, Special Immigrant Visas (SIV), family-based green cards, or other humanitarian relief.
- File any eligible applications quickly before TPS protections disappear.
- Make sure you have copies of your Form I-797 and EAD cards, and obtain a Federal Register termination notice proof.
Long-Term Relief Beyond TPS
Qazi Law Offices specializes in complex immigration cases. We are helping Afghan nationals every day transition from TPS to a more permanent legal status. Many former TPS holders from Afghanistan may still qualify for long-term relief under U.S. immigration law. Whether it’s asylum, Special Immigrant Visa (SIV), T Visa, family-based petitions, or humanitarian options like the U visa, we are committed to giving you the legal tools to stay protected.
Although TPS for Afghanistan has officially ended, this does not mean your fight for protection and legal status must end too. Our legal team is ready to guide you through your options with urgency, compassion, and strategic advocacy.
If you or your loved ones are affected and unsure of your legal options, we can help you map your options, assess eligibility, and move forward with confidence.
We offer culturally informed, confidential legal support. Call us today at 630-504-0648 or schedule a confidential consultation with Attorney Farrah.
Your future is worth protecting. You’re not alone, and we will stand with you.
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