Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 00060703 | Dated June 7, 2000
U.S. Department of Justice
IMMIGRATION AND NATURALIZATION SERVICE
Washington, DC 20536
June 6, 2000
INS Extends Temporary Protected Status (TPS) Re-Registration
Filing Period and Employment Authorization Document (EAD)
Validity Period for Eligible Hondurans and Nicaraguans
WASHINGTON - In an effort both to provide ample time for eligible Hondurans and Nicaraguans to re-register for Temporary Protected Status (TPS) and to prevent potential gaps in employment authorization while such individuals wait for their applications to be processed, the Immigration and Naturalization Service (INS) today announced an extension of the re-registration filing date to July 5, 2000 and an extension of the expiration date of the Employment Authorization Document (EAD) to December 5, 2000.
INS Service Centers must physically receive all completed re-registration applications for TPS by close of business on July 5, 2000. Thus, applications should be mailed well in advance of July 5, 2000. The extension of the re-registration application filing period and EAD validity period will be published in the Federal Register this week.
The extension of the EAD validity period is automatic and only applies to EADs issued to Honduran and Nicaraguan nationals (or aliens having no nationality who last habitually resided in Honduras or Nicaragua) that bear a July 5, 2000 expiration date and either: the notation "A-12" or "C-19" on the face of the card under "Category" if the EAD was issued on Form I-766; or "274A.12 (A)(12)" or "274A.12(C)(19)" on the face of the card under "Provision of Law" if it was issued an Form I-688B.
On May 5, 2000, INS announced a one-year extension of the designation of Honduras and Nicaragua for Temporary Protected Status (TPS) until July 5, 2001. The TPS extension notice was published in the Federal Register on May 11, 2000. This extension of TPS covers an estimated 103,000 Hondurans and 6,000 Nicaraguans who have already applied for TPS.
In order to file for the extension, a TPS applicant must submit Form I-821 and Form I-765 (Application for Employment Authorization). Both forms must be submitted for re-registration. If the applicant is only seeking to re-register for TPS and not seeking an EAD extension, there is no filing fee. However, all applicants seeking an extension of employment authorization until July 5, 2001 must submit a $100 filing fee with Form I-765 (Application for Employment Authorization). These forms are available from the toll-free INS Forms line, 1-800-870-3676 or from the INS Web site, www.uscis.gov.
TPS applicants who would like to apply for an EAD work authorization fee waiver may request one when filing with the INS Service Center.
This extension does not allow Nicaraguans or Hondurans who entered the United States after December 30, 1998 to file for TPS. This extension covers only Nicaraguans and Hondurans who have been continually physically present in the United States as of January 5, 1999 and who have continually resided in the United States since December 30, 1998, unless they are eligible for late initial registration. An extension of TPS does not change the required dates of continuous physical presence and residence in the United States. However, late initial registration is possible in limited circumstances. In order to qualify for late initial registration, applicants must meet the original continuous physical presence and residency requirements and they must demonstrate that during the initial registration period they met one of the following criteria:
• Were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief from removal;
• Had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal pending or subject to further review or appeal; or
• Were the spouse or child of an alien currently eligible to be a TPS registrant.
If an applicant is filing as a late initial registrant, they must file a $50 fee with the Form 1-821 or request a fee waiver. The separate $100 fee for an EAD, if being requested, must also be submitted along with $25 for fingerprints, if the applicant has not been fingerprinted in the last 15 months.
Applications for late initial registration must be submitted no later than 60 days from the expiration or termination of the aliens previous status. The Service emphasizes that late initial registration is available only if the applicant meets all of the eligibility requirements.
TPS registrants who need to travel outside the United States during the coming year must receive advance parole from their INS office prior to departing the United States. Failure to do so may jeopardize their ability to return to the United States. Advance parole allows an individual to travel abroad and return to the United States. Advance parole is issued on a case-by-case basis. Individuals who are granted TPS may apply for advance parole by filing Form I-131 at their local INS district office.
- INS -
Cite as AILA Doc. No. 00060703.