If you are part of a Burmese or Karen family living here on Temporary Protected Status, you have probably felt the ground shift lately. The word temporary was always in the name, but for years it functioned like something steadier. Now headlines about TPS designations ending have made that stability feel fragile. We want to speak to you directly, because the fear is real but the situation is far from hopeless. For many of you, there is a stronger and more permanent form of protection that has been available all along.
Why this moment feels different
TPS lets people from certain countries live and work here lawfully when it is unsafe to return home. It is reviewed on a schedule, and a designation can be extended or ended. Recently the courts have made it clear that they will not always step in to stop the government from ending a designation. We wrote about that shift when the Supreme Court cleared the way to wind down protections for other nationalities, in our piece on the TPS decision and your asylum clock.
The lesson from that decision is not that you should panic. It is that you should not treat TPS as your only plan. If your designation ends and you have nothing else in place, you could be exposed. The good news is that you may already have the foundation of a much stronger case.
The protection many of you have not yet claimed
Asylum exists for people who fear persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. Think about what that means for families who fled Myanmar. Since the military seized power in 2021, the country has seen brutal violence against ethnic minorities, including the Karen, Chin, and Rohingya communities, along with religious persecution, the burning of villages, and the forced conscription of young people. That is not background noise. For asylum law, it is the center of the case.
Many Burmese and Karen families never filed for asylum because TPS already let them live and work here. That was a reasonable choice at the time. But TPS and asylum are not the same. TPS pauses your situation. Asylum can change it permanently, opening a path to a green card and, eventually, to bringing family to safety. If you want a clear side by side explanation, we wrote one in our guide comparing TPS, asylum, and withholding of removal.
What about the one-year deadline
Here is the question we hear most, and it deserves an honest answer. There is generally a rule that you must apply for asylum within one year of your last arrival in the United States. Many people who have held TPS for years assume that rule has already shut the door on them. Often, it has not.
The law recognizes exceptions to the one-year deadline. Under 8 C.F.R. section 208.4, maintaining a lawful status such as TPS can qualify as an extraordinary circumstance that excuses a late asylum filing, as long as you apply within a reasonable time. Whether that exception fits your situation depends on the specific facts and dates, which is exactly why this is a conversation to have with a lawyer now, while there is time to file on your terms instead of in a crisis.
Asylum is not the only door
Even in the situations where asylum itself is barred, you are not out of options. Withholding of removal and protection under the Convention Against Torture are harder to win, but they can stop a deportation to Myanmar even when asylum is unavailable. A careful lawyer looks at all of these doors together and walks through whichever ones are open to you. The point is that the end of TPS is the beginning of a legal strategy, not the end of the road.
Let us build your plan before the deadline builds it for you
The families who come through these transitions best are the ones who act while they still have choices. Right now, you likely have time, a powerful set of facts, and more than one form of protection to pursue. Wait too long, and the same situation gets harder and the options narrow.
So let us look at your case together. Bring whatever you have, including your TPS records, your immigration history, and your memory of what your family fled. We will tell you honestly which forms of protection you qualify for and how to pursue them. The consultation is free, and we will work through it in English, Spanish, French, Creole, or Mandarin, and we can arrange interpretation for Burmese and Karen speakers. Your story matters, and it may be the foundation of a far more secure future than TPS alone could ever offer.
ලියන ලද්දේ
Joshua Bardavid
I am the principal attorney with years of experience in immigration practice. I have successfully litigated hundreds of immigration cases and have been lead counsel in several precedent-setting appeals. Prior to working as an immigration attorney, I worked as a consultant to the United Nations High Commissioner for Refugees. I was editor-in-chief of New York International Law Review and graduated cum laude from St. John's University School of Law. I have lived in Washington D.C., West Africa, and the Middle East. I currently live in New York City. In my spare time, I enjoy travel and adventure, play soccer, and suffer as a Mets fan. I am a member of the American Immigration Lawyers Association (AILA).