Federal Agencies, Agency Memos & Announcements

INS Release on TPS Extension for Salvadorans

7/17/02 AILA Doc. No. 02071743. Temporary Protected Status & Deferred Enforced Departure

WASHINGTON – As part of the Administration’s ongoing efforts to assist El Salvador in recovering from the devastating earthquakes that affected the nation, the Department of Justice (DOJ) announced today an extension of Temporary Protected Status (TPS) for El Salvador for a period of 12 months until September 9, 2003. This TPS extension, which covers more than 260,000 Salvadoran registrants, is effective September 9, 2002 and will remain in effect until September 9, 2003. Salvadorans with TPS or who have TPS applications pending must re-register during the re-registration period. The re-registration period begins September 9, 2002 and will remain in effect until November 12, 2002. Re-registration applications will not be accepted before September 9, 2002.

“As a direct result of the devastating earthquakes last year, there continues to be a substantial disruption of living conditions in El Salvador that has caused havoc to that country. Although El Salvador continues to make progress in the recovery, the environmental disaster makes it difficult for the country to handle adequately the return of its nationals,” said Attorney General John Ashcroft. “This one-year extension reflects the Administration’s continued commitment to assist El Salvador in its hour of need.”

Re-registration is available only to persons who registered under the initial El Salvador TPS designation, which ends on September 9, 2002. Nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) who previously have not applied for TPS may be eligible to apply for TPS under late initial registration provisions.

This extension does not allow Salvadorans who entered the United States after February 13, 2001 to apply for TPS. This extension covers only Salvadorans who have been continually present in the United States as of March 9, 2001 and who have continually resided in the United States since February 13, 2001. An extension of TPS does not change the required dates of continuous physical presence and residence in the United States.

TPS beneficiaries who need to travel outside the United States during the coming year must receive advance parole from their local 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 or the appropriate INS Service Center.

Section 244 of the Immigration and Nationality Act authorizes the Attorney General to grant or extend TPS to aliens in the United States who are nationals of countries where armed conflict, natural disaster or other extraordinary conditions have created a temporary situation to which return is either unsafe or unfeasible.

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INS Fact Sheet - Department of Justice Extension of Temporary Protected Status for Eligible El Salvadorans
  • Attorney General Ashcroft is extending the validity of the relevant Employment Authorization Documents (EADs) to prevent gaps in employment authorization for qualified re-registrants, until March 9, 2003. Given the large number of Salvadorans affected by this notice and given that the initial registration period runs for the duration of the initial 18-month designation period, the Immigration and Naturalization Service recognizes that many re-registrants will not receive their new EADs until after their current EADs expire on September 9, 2002. The applicable EADs will be automatically extended for six months.

  • This automatic extension of employment authorization documentation is limited to those individuals who qualify. Individuals with EADs bearing an expiration date of September 9, 2002, and the notation: “A-12” or “C-19” on the face of the card under “Category” for EADs 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” for EADs issued on Form I-688B. For completion of the Form I-9 at the time of hire or re-verification, qualified individuals may present to their employer a TPS-related EAD as proof of identity and employment authorization until March 9, 2003. To minimize confusion over this extension at the time of hire or re-verification, qualified individuals may also present to their employer a copy of the Federal Register notice dated XXX referencing the automatic extension of employment authorization documentation until March 9, 2003.

  • Salvadorans currently registered under TPS who desire an extension must re-register by filing both the TPS application (Form I-821) and an application for employment authorization (Form I-765) with the appropriate INS Service Center. In addition to the aforesaid documents, two identification photographs (1 ½” x 1 ½”) must be included as well. For re-registration, there is no fee for Form I-821. However, a $120 fee must accompany Form I-765 if an applicant requests documentation of employment authorization. If the applicant does not require employment authorization documentation, Form I-765 is still required but no fee is necessary. These forms are available from the toll-free INS Forms line, 1-800-870-3676, and from the INS Web site, http://www.uscis.gov/graphics/index.htm.

  • An applicant may request a waiver of TPS-related application fees in accordance with the regulations. Applicants for an extension of TPS benefits do not need to submit new fingerprints and, therefore, do not need to submit a $50 fee. Children who are beneficiaries of TPS and who have reached the age of 14, but who were not previously fingerprinted, must pay the $50 fingerprint fee with their application for extension. Furthermore, attesting in part 1 of the Form I-821 to the continued maintenance of the conditions of eligibility will generally preclude the need for supporting documents or evidence. INS, however, reserves the right to request additional information and/or documentation on a case-by-case basis.

  • Some individuals may be eligible for late initial registration. To qualify, applicants must meet the original continuous physical presence and residency requirements of the initial registration period and they must demonstrate that during the initial registration period they:
    • Were in a valid nonimmigrant status, or had been granted voluntary departure or other relief from removal;

    • Had an application for change of status, adjustment of status, asylum, voluntary departure or other relief from removal pending or subject to further review or appeal; or

    • Were a parolee or had a pending request for reparole;

  • An applicant for late initial registration must register within a 60-day period immediately following the expiration or termination of the conditions described above. A spouse or child of an alien currently registered for TPS may apply for late initial registration at any time if he or she is otherwise eligible and `was so at the time of the initial registration period.

  • A late initial registrant must file a complete application package, including supporting documentation and all applicable fees, in accordance with the regulations. In addition to the requirements described above for re-registration under the extension, a late initial registrant must submit a $50 fee with Form I-821 and, if 14 years of age or older, a $50 fingerprint fee. These forms are available from the toll-free INS Forms line, 1-800-870-3676, or from the INS Web site, www.uscis.gov.

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