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TPS EXTENDED UNTIL DECEMBER 31, 2022 FOR EL SALVADOR, HAITI, NICARAGUA, SUDAN, HONDURAS, AND NEPAL

Updated 9/13/2021

DHS Extends TPS for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for 15 months, from October 4, 2021 through December 31, 2022!

TPS Remains in Effect for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
On September 10, 2021, the Department of Homeland Security (DHS) extended Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for 15-months, until December 31, 2022. TPS is a temporary immigration status granted to eligible individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries. In 2018, the Trump administration attempted to terminate TPS for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.

However, following court challenges (in the Ramos, Saget, and Bhattarai cases) and an agreement between the parties, DHS must extend TPS for these countries while litigation remains pending. As with the previous extensions due to the pending cases, this 15-month extension is automatic and free of charge.

TPS Work Permits Remain Valid until December 31, 2022
With the extension of TPS for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, TPS work permits with various expiration dates also remain valid.  This means that TPS holders from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal are able to continue to legally work in the U.S. even if their work permits have a date on them that has already expired.  

TPS Holders from Haiti Must Register for TPS Under the New Designation of TPS for Haiti
DHS issued a new designation for Haiti for TPS on August 3, 2021. In order to ensure TPS under the new designation, eligible individuals must apply (register) under this new designation for Haiti before the close of the registration period on February 3, 2023. Please find a previously circulated resource, here.

TPS Holders Should Seek Reputable Legal Assistance
It is important for individuals, even in TPS status, to investigate whether they may be eligible for any other type of immigration benefits and, if not, to explore their options affecting everything from mortgages to family arrangements. Beware of scammers. Find a reputable legal service provider near you here.

Take Action, and Make your Voice Heard!
While this is great news, TPS only provides temporary protections for immigrants who have lived and worked in the U.S. for years, many of whom are on the frontlines of the COVID pandemic. Take action by urging Congress to deliver a path to citizenship in the budget resolution for TPS holders, Dreamers, farm workers, and other essential workers who already call America home. Call Congress today and get your friends and family to call too: 1-888-204-8353

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WHAT YOU NEED TO KNOW ABOUT TPS FOR HAITI

Updated 8/3/2021

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DHS Re-Designates TPS for Haiti for 18 months, through February 3, 2023!

The Department of Homeland Security (DHS) re-designated Haiti for Temporary Protected Status (TPS) from August 3, 2021 through February 3, 2023.
TPS is a temporary immigration status granted to eligible individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries.

Eligibility– Individuals who: are Haitian nationals, or without nationality who last regularly lived in Haiti; have continuously lived in the U.S. since July 29, 2021; and have been continuously physically present in the U.S. since August 3, 2021, may be eligible to register for TPS. Some individuals may be ineligible under certain disqualifying crimes and offenses.

Applying for TPS for the First Time
Eligible individuals must timely apply, or register, for TPS. To register, individuals must submit a complete application (Form I-821), with required documentation and applicable filings fees, or a request for a waiver of those fees, to the U.S. Citizenship and Immigration Services (USCIS) within the registration period. The registration period is for the full 18-month designation, from August 3, 2021 until February 3, 2023.

Individuals with TPS Should Also Register
Eligible individuals who have had their TPS extended due to the ongoing court cases (in Ramos and Saget) must also timely register for TPS under this new designation so that they are able to keep their TPS under this new designation, regardless of developments in the ongoing cases. To register, individuals must submit a complete application (Form I-821), with required documentation and applicable filings fees, or a request for a waiver of those fees, to USCIS within the registration period, from August 3, 2021 to February 3, 2023.

TPS-Related Work Authorization
Individuals who successfully register for TPS will be authorized to work until February 3, 2023. To obtain proof of work authorization, an Employment Authorization Document (EAD), eligible individuals must submit a complete application (Form I-765), with required documentation and applicable filing fees, or a request for a waiver of those fees, to USCIS.
 

TPS Holders Should Seek Reputable Legal Assistance
It is important for individuals, even in TPS status, to investigate whether they may be eligible for any other type of immigration benefits and, if not, to explore their options affecting everything from mortgages to family arrangements. Beware of scammers. Find a reputable legal service provider near you.

Take Action, and Make your Voice Heard!
While this is great news, TPS only provides temporary protections for immigrants who have lived and worked in the U.S. for years, many of whom are on the frontlines of the COVID pandemic. Take action by urging Congress to provide a roadmap to citizenship for TPS holders, Dreamers, farm and essential workers, and the 11 million undocumented immigrants who already call America home. Call Congress today and get your friends and family to call too: 1-888-204-8353.

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WHAT YOU NEED TO KNOW ABOUT TPS FOR SOMALIA

Updated 8/3/2021

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DHS Extends and Re-designates TPS for Somalia for 18 months!

On July 19, 2021, the Department of Homeland Security (DHS) extended and re-designated Somalia for Temporary Protected Status (TPS) from September 18, 2021 through March 17, 2023.
TPS is a temporary immigration status granted to eligible individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries.

Eligibility– Individuals who: are Somali nationals, or without nationality who last regularly lived in Somalia; have continuously lived in the U.S. since July 19, 2021; and have been continuously physically present in the U.S. since September 18, 2021, may be eligible to register or re-register for TPS. Some individuals may be ineligible under certain disqualifying crimes and offenses.

Applying for TPS For the First Time
Eligible individuals must timely apply, or register, for TPS. To register, individuals must submit a complete application (Form I-821), with required documentation and applicable filings fees, or a request for a waiver of those fees, to the U.S. Citizenship and Immigration Services (USCIS) within the registration period. The registration period for first-time TPS applicants is for the full 18-month designation, until March 17, 2023.

Renewing TPS
Eligible individuals who already have TPS must also timely re-register for TPS. To re-register, individuals must submit a complete application (Form I-821), with required documentation and applicable filings fees, or a request for a waiver of those fees, to USCIS within the 60-day re-registration period, from July 22, 2021 to September 20, 2021.

TPS-Related Work Authorization
Individuals who successfully register and re-register for TPS will be authorized to work until May 17, 2023. To obtain proof of work authorization, an Employment Authorization Document (EAD), eligible individuals must submit a complete application (Form I-765), with required documentation and applicable filing fees, or a request for a waiver of those fees, to USCIS.

TPS Holders Should Seek Reputable Legal Assistance
It is important for individuals, even in TPS status, to investigate whether they may be eligible for any other type of immigration benefits and, if not, to explore their options affecting everything from mortgages to family arrangements. Beware of scammers. Find a reputable legal service provider near you.

Take Action, and Make your Voice Heard!
While this is great news, TPS only provides temporary protections for immigrants who have lived and worked in the U.S. for years, many of whom are on the frontlines of the COVID pandemic. Take action by urging Congress to provide a roadmap to citizenship for TPS holders, Dreamers, farm and essential workers, and the 11 million undocumented immigrants who already call America home. Call Congress today and get your friends and family to call too: 1-888-204-8353.

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WHAT YOU SHOULD KNOW ABOUT THE SANCHEZ DECISION

Updated 7/2/2021

On June 7, 2021, the U.S. Supreme Court ruled that TPS (Temporary Protected Status) holders who entered the U.S. without inspection, or authorization, are not eligible to apply for green cards, lawful permanent resident (LPR) status, in the U.S. While this is devastating for many individuals who are otherwise, and would later become, eligible to apply for green cards based on family or employer sponsorship, this decision does not affect TPS generally. Here is what you should know about the Court’s decision.

The Sanchez decision does not affect TPS status!
The Sanchez decision does not affect an individual’s TPS. TPS remains in effect for all affected countries, which include: Myanmar (Burma), El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Venezuela, and Yemen.

The Sanchez decision does not impact all TPS holders.
While the Court’s decision is devastating for many TPS holders and their families, this decision does not apply to individuals who have already been inspected and admitted into the U.S., such as, for example, those who were admitted to the U.S. on visa and later obtained TPS. This decision also does not apply retroactively to individuals who have already been granted their LPR status according to prior good law in their circuits. The Court’s decision impacts only those who entered without inspection.

What does the Sanchez decision mean?
Generally, to be eligible to apply for a green card, an individual must have been “inspected and admitted or paroled” into the U.S. The Sanchez decision ruled that TPS holders who entered without inspection and have a pathway to LPR status, such as through employment or family sponsorship, are now ineligible to apply for LPR status because of their unlawful entry into the U.S. This is because, the Supreme Court decided, individuals with TPS who entered the U.S. without authorization do not satisfy the “admission” requirement.  Because many TPS holders entered the U.S. without a visa, for example, this decision closes the door on TPS holders’ ability to apply for a green card if they had a pathway to do so in the future.

How does the Sanchez decision affect advance parole?
Advance parole gives people in various statuses permission to temporarily travel abroad and return. The Supreme Court’s decision does not address the issue of whether a TPS holder who travels on advance parole is eligible to apply for a green card. However, in August 2020, the U.S. Citizenship and Immigration Services (USCIS) adopted a negative decision, Matter of Z‑R‑Z‑C, which found that TPS holders who travel on advance parole do not satisfy the “inspected and admitted or parole” requirement necessary for applying for a green card. This undid USCIS’ long-standing practice and treatment of TPS holders’ travel on advance parole as eligible for green cards. As such, there is currently no positive guidance which enables TPS holders who travel on advance parole to be eligible for green cards.

The Sanchez decision is not in effect yet.
This decision has not taken effect yet, but will usually take effect about a month from its issuance. We can expect the decision to take effect soon.

Seek Legal Advice
If you are a TPS holder, or a former TPS holder, and have questions about how the Court’s decision impacts you, it is important to seek legal advice. Visit iAmerica.org/legalhelp.

It is also important for individuals in TPS to investigate whether they may be eligible for any other type of immigration relief and, if not, to explore their options affecting everything from mortgages to family arrangements. Online tools to help find a path that’s right for you and to make a plan are available here.

What You Can Do Now
Take action. This decision underscores the need for Congress to act and pass the Dream and Promise Act, or a provision allowing any undocumented immigrants, or TPS holders, to adjust status without regard to how they originally entered the U.S. Call Congress and urge them to act quickly to provide a path to citizenship for TPS holders, Dreamers, essential workers and the 11 million undocumented: 1-888-204-8353.

Stay Tuned!
Lawsuits concerning TPS continue to make their way through the courts. Stay tuned for updates on how these lawsuits might impact TPS.

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TPS FOR YEMEN EXTENDED AND REDESIGNATED

Updated 7/12/2021

On July 6, 2021, the Department of Homeland Security (DHS) announced the extension and redesignation of TPS for Yemen for 18 months through March 3, 2023. This means that many more Yemini in the U.S. may be eligible for TPS. And those who have already been granted TPS may continue to have protection from deportation and authorization to work.

Here are important deadlines for Yemenis in the U.S.:

  • Individuals who have already been granted TPS under Yemen's prior designation will need to timely re-register during the 60-day re-registration period which runs from July 9, 2021 through September 7, 2021.
  • Significantly, individuals who believe they may qualify for TPS under this new designation must apply during the initial registration period that runs from July 9, 2021 and through the full length of the re-designation period ending March 3, 2023. Individuals who are Yemeni nationals, or noncitizens having no nationality who last habitually resided in Yemen; who have continuously resided in the U.S. since July 5, 2021; and who have been continuously physically present in the U.S. since September 4, 2021, may be eligible to register for TPS. The Federal Register Notice also describes the other eligibility criteria applicants must meet.

See the Federal Register Notice for more details and links to the required application forms.

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TOP 10 QUESTIONS ON TPS

1. What is TPS?

TPS, or Temporary Protected Status, allows people from certain countries to live and work in the United States during a humanitarian crisis in their home countries.

2. What type of humanitarian crisis would lead to TPS?

Here are some reasons the Secretary of Homeland Security (DHS) can authorize TPS for countries:

  1.     Armed conflict, such as civil war, threatening people’s safety
  2.     Environmental disasters such as a hurricane or earthquake that disrupts living conditions
  3.     Extraordinary and temporary conditions in the country that prevent the safe return of the population

3. How long are TPS grants?

The Secretary of DHS can authorize TPS for6, 12, or 18 months at a time. This authorization can be extended or terminated.

4. How many people have TPS?

It’s estimated, as of September 2017, that over 320,000 peoplein the U.S. have TPS.

5. Who are the people who have TPS?

People with TPS are essential workers who have lived and worked in the U.S. for years and even decades. Many people with TPS work in construction, the hotel and restaurant industry, landscaping and childcare. Many also operate their own businesses. About 100,000 TPS holders live in homes that they own and pay mortgages to U.S. banks

6. What ties do TPS holders have to the U.S.?

TPS holders from El Salvador, Honduras and Haiti have about 273,000 U.S. citizen children. Also 10% of the Salvadoran TPS holders are married to a legal resident of the U.S.

7. Which countries have TPS?

El Salvador
Haiti
Honduras
Nepal
Nicaragua
Somalia
South Sudan
Sudan
Syria
Yemen

8. What are the requirements to receive TPS?

  •  Arrived in the U.S. and continued to live in the U.S. since a specific date;
  •  Filed an application with a filing fee and passed security and criminal checks.

 
9. What would be the economic impact on the U.S. of ending TPS?

According to an April 2017 study, ending TPS would cause a reduction of $45.2 billion to the U.S. Gross Domestic Product (GDP) and a $6.9 billion reduction in Social Security and Medicare contributions over the next decade. Ending TPS would also cause employers to face approximately $967 million in the turnover costs of replacing and training laid off TPS holders.

10. Why should we keep fighting to preserve TPS?

TPS offers humanitarian protection to people unable to return to their home countries due to natural disasters, war and other extraordinary situations. Providing this protection is a moral imperative. While preserving TPS brings economic benefits to the U.S., it would also allow American families to stay together--U.S. citizen children would remain with their parents and grandparents.

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WHO ARE TPS AND DED HOLDERS?


Click here to enlarge.

Source: Catholic Legal Immigration Network, Inc.

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APPLYING FOR OTHER TYPES OF IMMIGRATION STATUS AFTER TPS

Temporary Protected Status (TPS) allows people from certain countries to live and work in the United States for a temporary period of time. TPS does not lead to permanent immigration status in the United States. In the past, people granted TPS often have been allowed to extend their TPS status every 18 months. However, the Trump administration has voiced its intent to limit TPS extensions.

While we continue to fight for TPS extensions, it’s important to consider whether you might qualify for another type of immigration status. Now is the time to look into whether you qualify.

It is important that you consult with a reputable legal services provider as soon as possible. iAmerica has a list of legal services providers. Make sure you find a trustworthy legal services provider.


I have TPS now. Can I apply for another type of immigration status?

Yes. Many people who have TPS are eligible for other types of immigration status and benefits. If you are interested in looking into whether you qualify for other types of immigration status during the time that you have TPS, it’s important to seek the assistance of a reputable legal services provider. iAmerica has a list of legal services providers.

How do I know if I qualify for other types of immigration status?

To get a general idea of some of the requirements for other types of immigration benefits, use iAmerica’s checklist of eligibility requirements for various types of immigration status. This is not a complete list and it’s important to check with a reputable legal services provider to learn whether you qualify for another type of immigration status.

Is there a deadline to apply for other types of immigration status?

It is important to apply for another type of immigration status as soon as possible. If you currently have TPS, you will be “in status” until the date TPS expires. In many cases, being “in status” will help you when you apply for another type of immigration status.

Don’t forget, filing for another immigration status now while you have TPS may allow you to take advantage of other immigration benefits in the future and preserve your ability to live and work in the United States.

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CHECKLIST OF IMMIGRATION OPTIONS FOR TPS HOLDERS

This checklist is a partial list of possible immigration options.

You may be eligible for immigration benefits that will allow you to stay in the U.S. Check all the boxes that apply to you and then contact a legal services provider.

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immi: Do you qualify to stay in the U.S.?

Find the path that's right for you. Answer some simple questions to get started.

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immi: Make a Plan

Having a family safety plan is a good idea under any circumstance. In case of an unfortunate event that a love one is detained or deported, you can protect your family by having a plan. This tool can help you prepare your family, manage your property and make arrangement for your debts. It’s always better to have a plan and not use it than to be unprepared.

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Click here to learn more about TPS and join the fight to save it.