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Rev. 5/12/03 QUESTIONS AND ANSWERS Temporary Protected Status (TPS) is a provisional immigration status granted to eligible nationals of designated countries suffering the effects of an ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. During the period for which the Secretary of Homeland Security has designated a country under the TPS program, beneficiaries are not required to leave the United States and may obtain work authorization. TPS does not lead to permanent resident status, however. When the Secretary terminates a country’s designation, the alien will return to the status he/she had prior to TPS or to any other status he/she may have obtained while registered for TPS. Q. Who is eligible to re-register for the 18-month TPS extension? A.An alien who is a national of Honduras or Nicaragua (or in the case of an alien having no nationality, a person who last habitually resided in Honduras or Nicaragua) may re-register for the 18-month extension of TPS and an extension of employment authorization. Re-registration is limited to persons who registered during the initial TPS registration period that ended on August 20, 1999, or who registered after that date under the late initial registration provision, and who timely re-registered during the previous 12-month extensions. Those who have never registered for TPS may be eligible to register for late initial registration, as described below. Individuals who have been convicted in the United States of either a felony or two or more misdemeanors committed in the United States are not eligible for TPS. Likewise, individuals subject to certain criminal or security-related bars to asylum are ineligible for TPS. Q. How do I re-register for a TPS extension? A. If you already have been granted TPS through the Honduras/Nicaragua TPS Program, your TPS will expire on July 5, 2003. Persons previously granted TPS under the Honduras/Nicaragua program may re-register during the 60-day re-registration period beginning May 5, 2003 and ending July 7, 2003, by submitting the following:
Applicants for an extension of TPS benefits do not need to submit new fingerprints and therefore do not need to submit a $50 fingerprint fee. Furthermore, attesting in part 1 of the Form I-821 to the continued maintenance of the conditions of eligibility will generally preclude the need for supporting documents or evidence. The Bureau of Citizenship and Immigration Service (BCIS), however, reserves the right to request additional information and/or documentation on a case-by-case basis. Fees: Applicants for re-registration need not submit the $50 fee along with Form I-821. If the applicant requests employment authorization, he or she must submit a $120 fee with Form I-765. An applicant who does not seek employment authorization need not submit the $120 fee, but nonetheless must submit the Form I-765. The applicant may request a fee waiver in accordance with the regulations. Failure to submit the required photographs and filing fees will result in the rejection of the re-registration application. Q. Who is eligible to file for late initial registration? A. An alien may register for TPS as a late initial registrant if he or she:
Additionally, a late initial registrant must demonstrate that during the initial registration period from January 5, 1999, through August 20, 1999, he or she:
An applicant for late initial registration must register no later than 60 days after the expiration or termination of the conditions described above. Q. How do I apply for late initial registration? A. A late initial registrant must file a complete application package, including supporting documentation and all applicable fees, in accordance with the regulations. In addition to the requirements described above for re-registration under the extension, a late initial registrant must submit a $50 fee with Form I-821 and, if 14 years of age or older, a $50 fingerprint fee. The applicant may request a fee waiver in accordance with the regulations. Q. Where should I submit the application for an extension of TPS or for late initial registration? A. Applications must be sent to the appropriate BCIS Service Center. If you live in Connecticut, Delaware, Washington, DC, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, West Virginia or the Virgin Islands, mail your application and applicable fees to :
Attn: TPS 75 Lower Welden Street St. Albans, VT 05479
Attn: TPS P.O. Box 10821 Laguna Niguel, CA 92607-0821
P.O. Box 851804 Mesquite, TX 75185-1804
P.O. Box 87821 Lincoln, NE 68501-7821 Q. How long will the TPS extension last? A. The TPS extension for Hondurans and Nicaraguans is effective for 18 months, from July 5, 2003 through January 5, 2005. Q. Specifically, what factors were considered in making the decision to grant a 18-month extension of TPS for Hondurans and Nicaragua? A. After reviewing the country conditions and consulting with the appropriate Government agencies, the Department of State and BCIS have determined that conditions in Honduras and Nicaragua continue to support TPS designations. A combination of adverse environmental and economic factors has aggravated the ability of Honduras and Nicaragua to adequately recover from the devastation of Hurricane Mitch. A prolonged drought as well as flooding from Hurricane Michelle have compromised food security and disrupted reconstruction efforts in both countries. Accordingly, the TPS designations of Honduras and Nicaragua for TPS have been extended. Q. Will Honduran and Nicaraguan nationals protected by TPS be permitted to travel abroad during the TPS period? A. Those granted TPS must receive advance permission to return to the United States before traveling abroad. This advance permission is called Advance Parole and can be obtained by filing Form I-131 with the BCIS. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendering of removal procedures. Q. Where can I obtain forms and additional information? A. Information concerning the TPS program is available at the BCIS Internet Web site, located at www.bcis.gov or the BCIS National Customer Service Center, at 1-800-375-5283. Applicants may obtain forms from the BCIS web site or by contacting the BCIS Forms Line, 1-800-870-3676. Q. If I entered the United States after December 30, 1998, would I qualify for benefits under TPS? A. No. This extension does not change the required dates of continuous residence and continuous physical presence in the United States. To be eligible, Nicaraguans and Hondurans must have resided in the United States and have been continuously physically present here since January 5, 1999. However, late initial registration is possible in some circumstances. (See above.) Q. What if my employer has questions regarding the automatic extension of my employment authorization document to December 5, 2003? A. BCIS reminds employers that the laws prohibiting unfair, immigration-related employment practices remain in full force. Employers with questions should call the Bureau’s Office of Business Liaison Employer Hotline at 1-800-357-2099 or the Office of Special Counsel (OSC) for Immigration Related Unfair Employment Practices Employer Hotline at 1-800-255-8155. The OSC Employee Hotline is 1-800-255-7688. -BCIS- |
Last Modified 05/23/2003