TPS Extended for Salvadorans until Sep 9, 2006
Posted Jan 21, 2005
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To the great relief of the Salvadoran community, the USCIS recently announced that Temporary Protective Status (TPS) will be extended for certain Salvadoran nationals for an additional 18 months, until September 9, 2006. In order to maintain TPS status, individuals must reregister by March 8, 2005. Except for limited circumstances, an individual must have previously registered in order to reregister.
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TPS is a temporary relief granted by the Secretary of the Department of Homeland Security (DHS) to persons in situations that prevent their returning to their home countries due to ongoing conflict, environmental disasters, or other extraordinary temporary conditions. TPS designations are given to certain countries (or parts of countries). Eligibility generally is based upon an individual's establishing that s/he is a national of the particular country and that entry to the U.S. was before a certain, predetermined date. One does not obtain permanent residence or other permanent solutions while on TPS. One is required to make arrangements to file for permanent residence status.
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Nationals of El Salvador interested in reregistering should note that the required form, I-821, has been somewhat streamlined. It has been revised to include an attestation that eliminates the need to submit documentation of continual physical presence as well as presence in the United States on March 9, 2001. USCIS reserves the right, however, to review the documentation in such cases.
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The reregistration is completed by filing both the revised I-821 and Form I-765. Form I-765 is required even if the individual is not requesting work authorization. A waiver of the $175 filing fee for the I-765 is permitted if one does not require the EAD. A waiver request must accompany the I-765 filing. An additional biometric filing fee of $70 is now required with all petitions. No photographs are required with the application since all applicants will be sent to an Application Support Center (ASC) to complete the biometric requirements.
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Due to the large number of Salvadorans affected by this notice, USCIS has automatically extended the validity of the current EADs for six months, until September 9, 2005, while the reregistration petitions are being processed.
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Along with the change in Form I-821, USCIS has now created a new LockBox program in Chicago and all filings must be submitted to the appropriate P.O. Box or filed electronically by using eFiling available through the USCIS Website.
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In limited circumstances, individuals who did not apply for TPS in 2001 have the opportunity to submit a late initial registration. Certain criteria must be met.
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In our January 14, 2005 MurthyBulletin article, Immigration Relief for Tsunami Affected Nationals, available on MurthyDotCom, we indicated that the DHS should consider extending TPS status to countries affected by the Tsunami in South Asia. Democratic Representative Sheila Jackson Lee from Texas has already introduced such a bill in Congress to cover various countries like Indonesia, Sri Lanka, India, Myanmar, Thailand, and the Maldives, among others.
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The idea of the United States granting TPS status to those affected by the Tsunamis may gather momentum in the weeks to come. This would provide relief to those in the U.S. who cannot return to their homes due to the devastation and destruction resulting from that disaster. It appears that the USCIS is considering some sort of TPS program. In mid-January 2005, the USCIS contacted U.S. senators and representatives to gauge the level of interest among their constituents to make a determination on the issue of TPS for nationals of Tsunami-affected countries. We hope that this is the beginning of increased U.S. support and leadership on a global level, demonstrating that we all belong to one world community irrespective of national boundaries.