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Temporary Protected Status Lawyer Long Beach | TPS Attorneys

Temporary Protected Status (TPS) is a temporary immigration benefit that allows qualified individuals from designated countries (or parts of those countries) who are in the United States to stay here for a limited time period. A country may be designated for TPS by the Secretary of Homeland Security country's nationals from being able to return safely, or in certain circumstances, the meland Security based on certain conditions in the country that temporarily prevent thecountry's government from being able to handle their return adequately. A TPS country designation may be based on on-going armed conflict, environmental disaster, or other extraordinary and temporary conditions in the country.

Designated Country 

Most Recent Designation Date 

Current Expiration Date 

Current Re-Registration Period 

Current Initial Registration Period 

Employment Authorization Document (EAD) Automatically Extended Through 

El Salvador 

March 9, 2001

March 9, 2015

May 30, 2013 through July 29, 2013

N/A

March 9, 2014

Haiti 

July 23, 2011

July 22, 2014

October 1, 2012 through November 30, 2012

N/A

July 22, 2013

Honduras 

January 5, 1999

January 5, 2015

April 3, 2013 through June 3, 2013

N/A

January 5, 2014

Nicaragua 

January 5, 1999

January 5, 2015

April 3, 2013 through June 3, 2013

N/A

January 5, 2014

Somalia 

September 18, 2012

March 17, 2014

May 1, 2012 through July 2, 2012

May 1, 2012 through October 29, 2012

NO Automatic Extension*

*Sufficient time was deemed available to issue new EADs.

Sudan 

May 3, 2013

November 2, 2014

January 9, 2013 through March 11, 2013

January 9, 2013 through July 8, 2013

NO Automatic Extension*

*Sufficient time was deemed available to issue new EADs.

South Sudan 

May 3, 2013

November 2, 2014

January 9, 2013 through March 11, 2013

January 9, 2013 through July 8, 2013

NO Automatic Extension*

*Sufficient time was deemed available to issue new EADs.

What to File

You must include the necessary forms, evidence, fees or fee waiver when filing your TPS application. Below is information about what you must include in your TPS package. Please also check your country's specific TPS page to the left to see if there are any special filing instructions specific to your TPS designated country.

Forms

To register or re-register for TPS you must file:

1. Form I-821, Application for Temporary Protected Status

2. Form I-765, Application for Employment Authorization

PLEASE NOTE: Both I-821 and I-765 forms must be filed even if you do not want an Employment Authorization Document.

If you are aware when you apply that a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS, please include a Form I-601, Application for Waiver of Grounds of Inadmissibility, and fee or fee waiver request, with your TPS application package. However, you do not need to file a new Form I-601 for an incident that USCIS has already waived with a prior TPS application. USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest.

Evidence

When filing an initial TPS application, you must submit:

1)Identity and Nationality Evidence: to demonstrate your identity and that you are a national of a country designated for TPS (or that you have no nationality and you last habitually resided in a country designated for TPS)

2)Date of Entry Evidence: to demonstrate when you entered the United States

3)Continuously Residing (CR) Evidence: to demonstrate that you have been in the United States since the CR date specified for your country (See your country's TPS Web page to the left)

Any document that is not in English must be accompanied by a complete English translation.

Identity and Nationality Evidence

The following table explains the different types of evidence you can provide

Primary Evidence 

A copy of your passport

A copy of your birth certificate, accompanied by photo identification

Any national identity document bearing your photograph or fingerprint (or both) issued by your country, including such documents issued by your country’s Embassy or Consulate in the United States. Such as a national ID card or naturalization certificate

No Primary Evidence 

If you do not have any of the primary evidence listed above, you must submit an affidavit with:

Proof of your unsuccessful efforts to obtain such documents; and

An explanation why the consular process for your country was unavailable to you, and affirming that you are a national of your country.

USCIS will interview you regarding your identity and nationality, and you may also submit additional evidence of your nationality and identity then if available.

Secondary Evidence 

Nationality documentation, such as a naturalization certificate, even if it does not have your photograph and fingerprint

Your baptismal certificate if it indicates your nationality or a parent’s nationality

Copies of your school or medical records if they have information supporting your claim that you are a national from a country designated for TPS

Copies of other immigration documents showing your nationality and identity

Affidavits from friends or family members who have close personal knowledge of the date and place of your birth and your parents' nationality. The person making the affidavit should include information about how he or she knows you or is related to you, and how he or she knows the details of the date and place of your birth and the nationality of your parents.  The nationality of your parents is of importance if you are from a country where nationality is derived from a parent.

You may also provide any other document or information that you believe helps show your nationality. 

PLEASE NOTE: Birth in TPS designated country does not always mean you are a national from that country. Please see your TPS designated country's nationality laws for further information. 

-Date of Entry Evidence

-Continuously Residing (CR) Evidence

Fees for Registering for TPS for the First Time

Applicant Age

Form I-821 Fee

Biometrics Fee

Requesting EAD

Form I-765

Total

under 14

$50

$0

Yes

$0

$50

under 14

$50

$0

No
(You still must file the I-765)

$0

$50

14-65 (inclusive)

$50

$85

Yes

$380

$515

14-65 (inclusive)

$50

$85

No
(You still must file the I-765)

$0

$135

66+

$50

$85

Yes

$0

$135

66+

$50

$85

No
(You still must file the I-765)

$0

$135

 

Fees for Re-registering for TPS

If you are re-registering for TPS you must include the following fees:
1. A biometric services fee of $85 (if you are 14 years of age or older)
2. The Form I-765, Application for Employment Authorization fee of $380, if you wish to receive an EAD
If you are not seeking an EAD, you must still submit Form I-765 without fee (and do not check any of the three boxes at the top of Form I-765 where it states “I am applying for:”; leave all three boxes blank).  There is no fee required to submit Form I-821, Application for Temporary Protected Status.
Please check your country’s specific TPS page to see if there is any special fee information specific to your TPS designated country.
 
Fee Waiver
If you cannot afford the costs associated with filing, please make sure to include a fee waiver request on Form I-912, Application for Fee Waiver (or other written request). For more information about filing a fee waiver request, visit the Fee Waiver Guidance Web page.
If you are filing an initial application and USCIS denies your fee waiver request on or before the registration deadline, you may re-file and pay the correct fees either before the registration deadline or within 45 days of the date on the fee waiver denial notice, whichever is later. For more information see http://www.uscis.gov/feewaiverin the TPS section.
If you are filing a re-registration application and USCIS denies your fee waiver request on or before the re-registration deadline, you are urged to re-file and pay the correct fees before the re-registration deadline or within 45 days of the date of the fee waiver denial notice, whichever is later. If you are unable to file before the re-registration deadline, you may still re-file after the deadline and this will be reviewed under good cause for late re-registration.
Application Process
 
Step 1: File Your Petition
Once you have prepared your TPS package with the forms, evidence and filing fees (or request for a fee waiver), you will need to send it to the address indicated on your TPS country page to the left. Please make sure you sign your application and include the correct fee amount (or fee waiver request). These are the two of the most common mistakes USCIS receives on TPS applications.  Please look above at the fee chart to see what fees you must pay (a properly documented fee waiver request may be submitted).  If you do not pay the proper fees (or submit a proper fee waiver request), your application will be rejected.
Step 2: USCIS Receives Your Application
When USCIS receives your application, we will review it for completeness and for the proper fees or a properly documented fee waiver request. If your case meets the basic acceptance criteria, your application will be entered into our system and we will send you a receipt notice.
Step 3: USCIS Contacts You
If USCIS needs to collect your photograph, signature, and/or fingerprints (these are called biometrics), USCIS will send you an appointment notice to have your biometrics captured at an Application Support Center (ASC). Every TPS applicant over 14 years old must have their biometrics collected. Biometrics are required for identity verification, background checks and the production of an EAD, if one has been requested.
Step 4: Go to the ASC
When you report to an ASC, you must bring:
1. Evidence of nationality and identity with a photograph of you, such as a passport
2. Your receipt notice
3. Your ASC appointment notice
4. Your current EAD, if you already have one
If you cannot make your scheduled appointment, you may reschedule. To reschedule an ASC appointment, make a copy of your appointment notice to retain for your records, then mail the original notice with your rescheduling request to the ASC address listed on the notice. You should submit your request for rescheduling as soon as you know you have an unavoidable conflict on your scheduled ASC date. A new appointment notice will be sent to you by mail. Please note that rescheduling a biometrics appointment may cause the adjudication of your application to be delayed.

 

Step 5: USCIS Determines Work Eligibility
If you are not seeking an employment authorization document (EAD), skip to Step 6

If you are ...

Then...

Applying for TPS for the first time and seeking an EAD

USCIS will review your case to determine whether you are eligible to work before we make a final decision on your TPS application. If you are found to be eligible upon initial review of your TPS application (prima facie eligible) you will receive an EAD.

Note:  If your application is denied and you choose to appeal to the USCIS Administrative Appeals Office (AAO) or request review of your application by an immigration judge, your EAD will be extended while you are waiting for a decision.  If your EAD expires, to request an extension of your EAD, you must file a Form I-765 along with evidence of your appeal to the AAO or that you have requested an immigration judge to review your TPS application.

Re-Registering for TPS and seeking an EAD

You will receive your new EAD when your entire TPS package is adjudicated.

USCIS makes every effort to avoid backlogs at this step, but we urge you to remember that USCIS may experience a higher volume of applications in the first few months of a registration period.

Step 6: USCIS Adjudicates the Application
During this phase, we may ask you for additional documents to establish your eligibility for TPS. If you receive a request for evidence (RFE) or a notice of intent to deny, it is extremely important that you respond immediately to avoid processing delays and possible denial for failure to timely respond. Upon completion of your case, USCIS will notify you if your request for TPS is granted or denied. If one of the waivable grounds of inadmissibility applies to you, USCIS will give you an opportunity to submit a Form I-601, Application for Waiver of Grounds of Inadmissibility if you did not include this with your TPS package. Please submit this form within the time frame specified in the USCIS notice, or your case will be denied.

Step 7: USCIS Approves or Denies the Application

If your application for TPS is…

Then…

Approved and you filed an initial application

USCIS will send you an approval notice and an EAD, if you requested one and haven’t received it before this step.

Approved and you filed a re-registration application

USCIS will send you an approval notice if you do not request an EAD. 
USCIS will send you a new EAD if you do request one.

Denied

USCIS will send you a letter indicating the reason for your denial and, if applicable, provide you with the opportunity to appeal the denial.

Maintaining TPS
Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits. This applies to all TPS beneficiaries, including those who were initially granted by USCIS, an Immigration Judge, or the BIA. Follow the instructions above to apply for re-registration.
Automatic Employment Authorization Document (EAD) Extension
Sometimes DHS must issue a blanket automatic extension of the expiring EADs for TPS beneficiaries of a specific country in order to allow time for EADs with new validity dates to be issued. If your country’s EADs have been automatically extended, it will be indicated on your country specific pages to the left.
Filing Late
Late Re-Registration for TPS
USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.
If you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization.
Late Initial Filing for TPS
You can apply for TPS for the first time during an extension of your country’s TPS designation period. If you qualify to file your initial TPS application late, you must still independently meet all the TPS eligibility requirements listed in the Eligibility section above.
To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below:
During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition
o You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
o You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal
o You were a parolee or had a pending request for re-parole
o You are a spouse of an individual who is currently eligible for TPS
OR
During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married.  You may file during an extension of your TPS designated country.

PLEASE NOTE: You cannot obtain TPS as a derivative because your parent or child has TPS.

DHS Announces Re-designation and 18-Month Extention of Temporary Protective Status for Syria

Released Jun 17, 2013

WASHINGTON—Secretary of Homeland Security Janet Napolitano has re-designated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from Oct. 1, 2013, through March 31, 2015. This allows eligible nationals of Syria to register or re-register for TPS in accordance with a notice published today in the Federal Register. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register or re-register as soon as possible.

Who’s Eligible 

Current TPS Status 

When to File 

Syrian nationals (and individuals without nationality who last habitually resided in Syria)

Have TPS

Must re-register during a 60-day re-registration period that runs from June 17, 2013 through Aug. 16, 2013.

Have a Pending TPS Application with USCIS

You do not need to file a re-registration application during this extension. USCIS will continue to process your pending application.

Do Not Have TPS

May apply for TPS during a 180-day registration period that runs from June 17, 2013 through Dec. 16, 2013.

During the past year, the Department of Homeland Security (DHS) and the Department of State (DOS) reviewed the conditions in Syria. Based upon this review, Secretary Napolitano has determined that a re-designation and 18-month extension of TPS for Syria is warranted. The extension of the current Syria TPS designation and re-designation is due to the continued disruption of living conditions in the country that are a result of the extraordinary and temporary conditions that led to the initial TPS designation of Syria in 2012. The extension is based on ongoing armed conflict in that region and the continued deterioration of country conditions.

A Syrian national, or an individual having no nationality who last habitually resided in Syria, may be eligible for TPS under the re-designation if he or she has continuously resided in the United States since June 17, 2013 and has been continuously physically present in the United States since Oct. 1, 2013. In addition to the continuous residence date requirement, applicants must meet all other TPS eligibility and filing requirements.

DHS anticipates that there are approximately 2,600 individuals who will be eligible to re-register for TPS under the existing designation of Syria and estimates that approximately 9,000 additional individuals might be eligible to apply for TPS under the re-designation.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

The Law Office of Janis Peterson-Lord is located in Long Beach, CA and serves clients in and around Long Beach, Hawaiian Gardens, Artesia, Harbor City, Wilmington, Cerritos, Bellflower, San Pedro, Carson, Paramount, Compton, Norwalk, Woodland Hills, Torrance, Lynwood, Santa Fe Springs, South Gate, Gardena, Bell, Huntington Park, Pico Rivera, Maywood, Los Angeles, Los Angeles County, Orange County.

 

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