TPS Extended for Haitians

Port Salut Beach, Haiti.
Photo credit @MichelleWalz on flickr.
Used under Creative Commons license

Haitian nationals who have Temporary Protected Status (TPS) now have until July 22, 2014, to "re-register" for status for an additional 18 months.

If you are a Haitian TPS beneficiary who wants to re-register, you should apply as soon as possible. The necessary forms are Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization. The Form I-821 application fee is not required; however, anyone 14 years of age and older must pay a biometric services fee or submit a fee waiver request. For work authorization, the Form I-765 fee (or a fee-waiver request) is required. If you do not want work authorization, you must still submit a completed Form I-765 but do not need to submit the I-765 fee.

For more information, please see the USCIS website here. 

TPS for Somalians extended through 2015

Photo credit Cate Turton / Department for International Development
Used under Creative Commons license

The Department of Homeland Security (DHS) announced yesterday that the Secretary of Homeland Security is extending the designation of Somalia for Temporary Protected Status (TPS) for 18 months from March 18, 2014 through September 17, 2015.

The extension allows currently eligible TPS beneficiaries to retain TPS through September 17, 2015, so long as they continue to meet the eligibility requirements for TPS. The Secretary noted that there continues to be a substantial disruption of living conditions in Somalia based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent Somalis who have TPS from safely returning.

Re-registration is limited to persons who have previously registered for TPS under the designation of Somalia and whose applications have been granted. Certain nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions, if they meet: (1) At least one of the late initial filing criteria and (2) all TPS eligibility criteria (including continuous residence in the United States since May 1, 2012, and continuous physical presence in the United States since September 18, 2012).

For individuals who have already been granted TPS under the Somalia designation, the 60-day re-registration period runs from October 31, 2013 through December 30, 2013. USCIS will issue new EADs with a September 17, 2015 expiration date to eligible Somali TPS beneficiaries who timely re-register and apply for EADs under this extension.

See USCIS website here for more information.

Syrian Temporary Protected Status (TPS) Extended Through March 31, 2015

DHS just announced today that it is extending the existing designation and also redesignating Syria for Temporary Protected Status (TPS) for 18 months from October 1, 2013 to March 31, 2015.  This means that Syrians who currently have TPS status will be able to retain their status through March 31, 2015.  The resignation of Syria allows individuals who have been continuously residing in the U.S. since June 17, 2013 to obtain TPS status. 

Secretary of Homeland Security Janet Napolitano explained that the extension and redisignation of TPS status were warranted because the extraordinary circumstances in Syria have not only persisted but have deteriorated further.  The conflict in Syria poses a threat to the personal safety of Syrian nationals should they be forced to return to their country.

Syrians applying for TPS will need to fill out form I-821, which can be found here along with other relevant information.  TPS applicants are also immediately eligible for work authorization.  The cost of applying is $135, for TPS status or $515 for TPS and work authorization.  If applying for employment authorization, the applicant will also need to fill out form I-765.  A fee waiver (form I-912 or letter) is available if you meet certain requirements.

It is important to keep in mind that TPS status does not grant any sort of permanent residence.  Once the protected period is expired, the status is extinguished and the person must return to their country. People who remain in the US after their TPS status has expired may be issued a Notice to Appear (NTA) in Immigration Court for removal proceedings.

An alternative to TPS status is Asylum.  In order to be granted asylum, a person must demonstrate that they have been persecuted in the past or they fear future persecution based on five protected grounds (race, nationality, religion, membership in a particular social group, or political opinion).  A person will not be granted asylum simply because they are fleeing a dangerous situation in their home country (such as war).  For this reason, not everyone who is granted TPS will be granted Asylum. 

A person may apply for TPS and asylum at the same time.  The application for asylum will not be affected by the granting of TPS.  It is important to remember is that a person must apply for asylum within one year of entering the US.  If you or someone you know needs information about or assistance with applying for TPS or Asylum, please contact our office.

DHS Extends Temporary Protected Status for Haitians

USCIS announced earlier this month that DHS extended temporary protected status (TPS) for Haiti for another 18 months. The extension also includes suspension of some requirements for F-1 nonimmigrant Haitian students. The extension will last between January 23, 2013 through July 22, 2014. Those who wish to extend TPS status must re-register during the 60-day re-registration period that runs through November 13, 2012. Applications will be accepted until November 30, 2012. The TPS beneficiaries are those who continually resided in the United States since January 12, 2011. 

The extension allows re-registrants to request for a new Employment Authorization Document (EAD). Current EADs that have an expiration date of January 22, 2013 will now expire on July 22, 2013 - this will allow USCIS to process new EADs before the old EADs expire. 

The F-1 students will continue "to obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load, while maintaining their F-1 student statues." The extension here will last through July 22, 2012. 

For more information, go to www.uscis.gov/tps. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Adjustment of Status (Green card) for “EWI” Salvadoran with TPS

Glickman Turley LLP successfully represented a Salvadoran man who first entered the U.S. without a visa (also known as “entered without inspection” or “EWI”). Two years ago, the client traveled to El Salvador pursuant to “advance parole” issued by USCIS in order to attend to a family emergency in his home country. When he returned to the U.S., he was paroled into to the U.S. This parole cured his “EWI” problem, making him eligible to adjust status through his U.S. citizen wife.

He nonetheless required an I-601 Application for Waiver of Inadmissibility to overcome the 10-year bar for having been present from the U.S. without authorization for over one year. Glickman Turley LLP prepared a compelling waiver application, demonstrating clear “extreme hardship” to his U.S. citizen wife who was pregnant and infant U.S. citizen son. The wife suffers medical issues including post-partum depression and the infant suffered various medical complications resulting from pre-mature birth and also suffers from asthma.

If you are an immigrant with TPS and/or EWI entry, our attorneys can review your record and help you understand whether you are eligible for any relief including a "green card" or adjustment of status.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Department of Homeland Security ("DHS") Extends Temporary Protected Status ("TPS") for Haitians in the United States

The Department of Homeland Security ("DHS") today extended Temporary Protected Status ("TPS") for Haitians living in the United States for an additional 18 months. Shortly, DHS will issue eligibility requirements and instructions for how to register (those who entered the US within one year after the earthquake) and re-register (those who have alaredy been granted TPS status).
This means that those Haitian citizens, in the United States, who have been granted TPS as victims of last year's earthquake are able to remain in the United States for another year and one half. DHS's order also extends eligibility for Haitians who may not have met with criteria for TPS previously. Initially, only those Haitians who were in the United States at the time of the earthquake were able to apply for TPS relief. Now, under the new order, eligible Haitians who came to the United States within one year after the earthquake may be eligible to obtain TPS status. This measure provides much-need relief to many Haitians who were devastated by the effects of the earthquake and fled to the United States to seek safety.