Temporary Protected Status Update

TPS is a status given to citizens of countries that have been designated by the Department of Homeland Security after a determination that conditions in that country prevent the country’s nationals from returning safely, or, in certain circumstances that the country is unable to handle the return if its nationals adequately. It is granted to people already in the U.S. when the designation is made. It does not allow entry into the U.S. from those countries.

There have been several announcements made over the last few days that may be of interest to you or someone you know. In this article, I will provide an update for the four countries in the Americas with TPS designation.

Nicaragua

TPS for citizens of Nicaragua will be terminated as of Jan 5, 2019. Current beneficiaries must re-register between December 15th ,2017 and February 13, 2018. To extend TPS status and obtain a new employment authorization card, a new form I-821 along with a form I-765 must be filed prior to Feb. 13, 2018.

The press release from USCIS reads as follows: “USCIS will issue new Employment Authorization Documents (EAD) with a Jan. 5, 2019 expiration date to eligible Nicaraguan TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on Jan. 5, 2018. Accordingly, DHS has automatically extended the validity of EADs issued under the TPS designation of Nicaragua for 60 days, through March 6, 2018. Additionally, Nicaraguan TPS beneficiaries who timely re-register and properly file applications for an EAD will have the validity of their current EADs automatically extended for up to 180 days from the date their current EADs expire, through July 4, 2018.” 

Honduras

No determination has been made on whether TPS for Hondurans will be extended. Because no decision was made, the current expiration date has been extended for six months – to July 5, 2018. A new determination is due sixty days before July 5, 2018.

Re-registration for current TPS beneficiaries opened on December 15th but will end as of Feb 13, 2018. To extend TPS status and obtain a new employment authorization card, a new form I-821 along with a form I-765 must be filed before Feb. 13, 2018.

El Salvador

TPS for citizens of El Salvador was previously extended through March 9, 2018. No announcement from the DHS secretary has been made on whether it will be extended after that time. By law, the DHS must decide if TPS will be extended by Jan. 8, 2018

Haiti

TPS for Haitians will be terminated on July 22, 2019. Instruction for re-registering and obtaining Work Authorization through the termination date have not yet been provided by USCIS.

Written by Linda M Kaplan

Linda M Kaplan

The Law Office of Linda M Kaplan, P.A. is a Miami-based immigration law firm serving both businesses and individual clients throughout the state of Florida, the United States, and numerous other countries around the world. We provide a uniquely personalized approach, offering precise legal guidance, unyielding advocacy, and a wide variety of innovative immigration and naturalization-related services to suit the various needs of all our clients. We have substantial experience and specialized knowledge in business immigration cases as well as family-based immigration and naturalization.