NOTICE TO TPS Victims
of Hurricane Mitch:
90-day
Extension of Work Permits for Hondurans and Nicaraguans with TPS
valid thru October 5, 2005
(this article links to the USCIS website)
Temporary protected status for Nicaraguan
and Hondurans will be extended for eighteen months. It will remain
in effect until July 5, 2006.
Questions and Answers About TPS Extension
When is the deadline to apply for an extension?
The deadline to register for an extension is July 3, 2005.
How long does the extension last?
The new extension will last through July
5, 2006.
Who is eligible to apply for the extension?
You are eligible if:
- you are a national of Honduras or Nicaragua or last habitually
resided in those two countries;
- you have been continually physically present in the United States
as of January 5, 1999;
- you have continually resided in the United States since December
30, 1998;
- you registered during the initial registration period for Hurricane
Mitch Victims (ending on August 20, 1999) or registered after
that date under the late initial registration provision and timely
reregistered during each subsequent extension
Nicaraguans or Hondurans who entered the United States after
December 30, 1998 will not be allowed to file for TPS.
Those who have never registered for TPS may be eligible to register
for late initial registration. See below.
What forms and documents
will I need to apply for the extension?
You will need to fill out the following forms:
- Form I-821: an application
for Temporary Protected Status (Instructions
for I-821)
- Form I-765: an application
for Employment Authorization, even if you will not be seeking
work in the US during your stay
When you apply, you will also need to bring:
- Two identification photos (1 1/2" x 1 1/2")
How much will it cost?
Nothing, unless:
- you seek employment authorization ($120 fee)
- you are a TPS beneficiary applying for tps extension for your
child who has reached the age of 14 and the child was not previously
fingerprinted ($50 fingerprint fee).
What about my Employment Authorization Document?
The USCIS is granting an automatic extension of the expiration
date of the EAD to December 5, 2003 in order to provide ample time
for Mitch victims to reregister for TPS. This automatic extension
does not relieve registrants from the responsibility of re-registering
for TPS.
Where should I mail my completed application?
DO NOT APPLY AT A USCIS DISTRICT OFFICE.
LOCAL USCIS OFFICES CANNOT ACCEPT TPS APPLICATIONS.
You must file your application, or have your attorney file your
application, at a USCIS Service Center. The list of centers is below:
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:
Vermont Service Center
Attn: TPS
75 Lower Welden Street
St. Albans, VT 05479
If you live in Arizona, California, Guam, Hawaii or Nevada, mail
your application and applicable fees to:
California Service Center
Attn: TPS P.O. Box 10821
Laguna Niguel, CA 92607-0821
If you live in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina,
Tennessee or Texas, mail your application and applicable fees to:
Texas Service Center
P.O. Box 853062
Mesquite, TX 75185-3062
If you live elsewhere in the United States, mail your application
and applicable fees to:
Nebraska Service Center
P.O. Box 87821
Lincoln, NE 68501-7821
Will Honduran and Nicaraguan nationals protected by TPS be permitted
to travel abroad during the TPS period?
Those granted TPS must receive advance permission to return to
the United States before traveling abroad. This advance permission
is called Advance Parole. Failure to obtain advance parole prior
to traveling abroad may result in the withdrawal of your TPS and/or
the institution or re-calendaring of removal proceedings.
Who is eligible for late initial registration?
An alien may register for Temporary Protected Status as a late
initial registrant if he or she:
- Is a national of Honduras or Nicaragua ( or an alien who has
no nationality and who last habitually resided in Honduras or
Nicaragua);
- Has been continuously physically present in the United States
since January 5, 1999;
- Has continuously resided in the United States since December
30, 1998;
- Is admissible as an immigrant, except as provided under 8 CFR
244.3; and
- Is not ineligible for TPS under 8 CFR 244.4 (criminal and security-related
bars).
Additionally, a late initial registrant must demonstrate that during
the initial registration period from January 5, 1999, through August
20, 1999, he or she:
- Was a nonimmigrant or had been granted voluntary departure status
or any relief from removal,
- Had an application for change of status adjustment of status,
asylum, voluntary departure or any relief from removal or change
of status pending or subject to further review or appeal,
- Was a parolee or had a pending request for reparole.
An applicant for late initial registration must register within
a 60-day period immediately following the expiration or termination
of the conditions described above.
A spouse or child of an alien currently registered for TPS may
apply for late initial registration at any time if he or she is
otherwise eligible and `was so at the time of the initial registration
period.
Who qualifies for "late initial registration"?
In order to qualify for late initial registration, the applicant
must show that during the initial registration period (January 5,
1999 thru August 20, 1999) he or she:
- was a non-immigrant or had been granted voluntary departure
status or any relief from removal;
- had an application for change of status, adjustment of status,
asylum, voluntary departure or any relief from removal or change
of status pending or subject to further review or repeal;
- was a parolee or had a pending request for reparole.
How do I apply for late initial registration?
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 $25 fingerprint
fee. The applicant may request a fee waiver in accordance with the
regulations.
If you need help registering or have questions about any of
the above, please contact Immigration
Law Offices at info@immigralaw.com .
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