May 5, 2000
Temporary Protected Status (TPS) for Hondurans, Nicaraguans
TPS Extension Will Last 12 Months
The extension of TPS for Honduras and Nicaragua, announced today by the Immigration and
Naturalization Service (INS) will last 12 months, until July 5, 2001. This extension
does not allow Nicaraguans or Hondurans who entered the United States after December 30,
1998 to file for TPS.
TPS is a temporary immigration status granted to eligible nationals of designated
countries. TPS beneficiaries are granted a stay of removal and work authorization for the
designated TPS period and for any extensions of the designation. TPS is not a basis for
obtaining permanent resident status.
- Who is eligible?
The extension covers an estimated 100,000 Hondurans and 6,000 Nicaraguans who have
already applied for TPS.
- What is the procedure to apply for the TPS extension?
Hondurans and Nicaraguans currently registered under TPS who desire an extension must
re-register by filing both the TPS application (Form I-821) and an application for
employment authorization (Form I-765) with an INS Service Center. For re-registration,
there is no fee for Form I-821. However, a $100 fee must accompany Form I-765 if an
applicant requests employment authorization. If the applicant does
not require employment authorization or already has employment authorization, Form I-765
is still required but no fee is necessary. These forms are available
from the toll-free INS Forms line, 1-800-870-3676, and from the INS Web site, www.ins.usdoj.gov.
An applicant may request a waiver of TPS-related application fees by submitting proper
documentation of inability to pay.
Applicants should re-register for TPS at the INS Service Centers, not at their local
INS district office.
- Will Hondurans or Nicaraguans who arrive in the United States after December 30,
1998, be eligible for the extension of TPS?
No. TPS is an emergency relief measure intended to assist those nationals of a given
country who are already in the United. This extension does not allow Nicaraguans or
Hondurans who entered the United States after December 30, 1998 to file for TPS.
- Can Hondurans or Nicaraguans who were in the United States as of December 30,
1998, but did not apply for TPS during the initial registration, be eligible for the
extension of TPS?
Yes, late initial registration is available to applicants who meet the following
requirements:
- Are nationals of Nicaragua or Honduras;
- Have been in the United States since January 5, 1999;
- Have resided in the United States since December 30, 1998; and
- Are admissible as an immigrant, except as otherwise provided.
Additionally, the applicant must be able to demonstrate that, during the initial
registration period, he or she:
- Was in a valid nonimmigrant status, or had been granted voluntary departure, or any
relief from removal;
- Had an application for change of status, adjustment of status, asylum, voluntary
departure, or any relief from removal pending or subject to further review or appeal; or
- Was the spouse or child of an alien currently eligible to be a TPS registrant.
An applicant for late initial registration must register no later than 60 days from the
expiration or termination of the qualifying condition.
- Will Honduran and Nicaraguan nationals protected by TPS be permitted to travel
to their home countries during the TPS period?
Applicants for re-registration must obtain advance parole prior to travel to prevent
losing their TPS approval.
INS
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