DHS Terminates TPS for Burma: What It Means for Burmese Nationals
On November 24, 2025, the Department of Homeland Security (DHS) announced that Temporary Protected Status (TPS) for Burma (Myanmar) will officially terminate on January 26, 2026. This decision, led by Secretary of Homeland Security Kristi Noem and based on consultations with the Department of State and U.S. Citizenship and Immigration Services (USCIS), marks a critical change for Burmese citizens residing in the U.S. under TPS.
The core reason? DHS concluded that the original conditions justifying TPS no longer exist. Burma’s government has reportedly made “notable progress in governance and stability,” including:
- End of the state of emergency
- Commitments to free and fair elections
- Ceasefire agreements
- Improved local governance and public services.
What Is TPS and Why It’s Ending for Burma
TPS is a humanitarian immigration status granted to nationals of countries experiencing extraordinary conditions—civil war, natural disasters, or political unrest—that temporarily prevent safe return. Under the Immigration and Nationality Act (INA), the Secretary of Homeland Security must periodically review whether a country still qualifies for TPS designation.
Following a statutory review, Secretary Noem determined that Burma no longer meets the criteria for TPS designation, concluding that Burmese nationals can safely return home. DHS emphasized that extending TPS any further would contradict the law’s intended temporary nature.
What Burmese TPS Holders Should Do Now
If you are a Burmese national currently protected under TPS, it’s crucial to act immediately. Once TPS ends on January 26, 2026, beneficiaries will lose both:
- Legal protection from removal (deportation)
- Authorization to work in the U.S.
Your Legal Options May Include:
- Adjustment of Status (Green Card)
- If eligible through family, employer sponsorship, asylum, or other paths, you may apply to adjust your status before the TPS ends.
- If eligible through family, employer sponsorship, asylum, or other paths, you may apply to adjust your status before the TPS ends.
- Change of Nonimmigrant Status
- You may explore switching to an F-1 student visa, H-1B, or other nonimmigrant category. Note that you must be eligible and file before your TPS benefits end.
- You may explore switching to an F-1 student visa, H-1B, or other nonimmigrant category. Note that you must be eligible and file before your TPS benefits end.
- Voluntary Departure
- If no lawful options exist, individuals are encouraged to plan their departure before the termination date. Using the CBP One™ mobile app to report your departure may help facilitate reentry in the future and avoid future inadmissibility issues.
- If no lawful options exist, individuals are encouraged to plan their departure before the termination date. Using the CBP One™ mobile app to report your departure may help facilitate reentry in the future and avoid future inadmissibility issues.
Legal Guidance Is Essential
The termination of TPS for Burma introduces legal risk and uncertainty for many. Each individual’s circumstances are unique, and determining eligibility for any new status requires a full legal review of immigration history, family ties, and employment status.
Ahluwalia Law Offices recommends Burmese TPS holders consult with an immigration attorney immediately to assess all available options. Early action can help you:
- Avoid unlawful presence penalties
- Preserve work authorization as long as permitted
- Maintain lawful status or prepare for voluntary departure in compliance with U.S. law
Why This Matters
TPS designations are not permanent. While the humanitarian need may change, immigration status planning must stay proactive. The U.S. government’s announcement is rooted in a statutory framework—meaning this change, while sudden, is lawful and final.
As the White House, USCIS, and Department of State stand behind the conclusion that conditions in Burma have sufficiently stabilized, Burmese nationals must now pivot toward informed action.
Final Word
The window for action is closing. January 26, 2026, is a firm deadline. Burmese nationals who delay risk falling out of status, becoming deportable, or jeopardizing future U.S. immigration benefits. Let Ahluwalia Law Offices help you navigate this transition confidently and compliantly.
Frequently Asked Questions (FAQs) on the Termination of TPS for Burma
1. What is the last day Burmese TPS holders can legally remain in the U.S.?
The official termination date is January 26, 2026. After this date, TPS beneficiaries from Burma will no longer be protected from removal or authorized to work unless they have secured another legal immigration status.
2. Will I automatically be deported after January 26, 2026?
No, deportation is not automatic. However, you will be subject to removal proceedings if you do not leave voluntarily or obtain another lawful status before the deadline. Consulting an immigration attorney is strongly advised.
3. Can I apply for a green card before TPS ends?
Yes. If you are eligible—through a U.S. citizen family member, an employer, or other qualifying basis—you may apply for Adjustment of Status. Your immigration history and eligibility factors will determine your options.
4. Can I switch to another visa, like a student or work visa?
Possibly. If you meet the requirements for a visa such as F-1 (student) or H-1B (specialty occupation worker), you may apply to change your status. Timing is critical—file well before TPS ends.
5. What if I have a pending asylum application?
If your asylum case is pending, you may remain in the U.S. lawfully while it’s under review. Termination of TPS does not cancel a pending asylum claim, but it does not automatically protect you either—stay in close contact with your attorney.
6. Will I be eligible for future visas if I overstay?
Overstaying your TPS after it expires can lead to unlawful presence, which may trigger 3- or 10-year bars to reentry and make you ineligible for most U.S. visas in the future. Voluntary, timely departure is essential.
7. How do I notify U.S. Customs and Border Protection (CBP) when I leave?
Use the CBP One™ mobile app to record your departure. This can help document compliance and may support future visa applications or reentry into the U.S.
8. What if I have U.S.-born children?
While U.S. citizen children cannot directly protect you from deportation, your family situation may be a factor in certain immigration relief strategies, such as Cancellation of Removal or Parole in Place (for military families). Legal advice is essential.
