INS Memo on Procedure for Processing TPS Extensions

U.S. Department of Justice
Immigration and Naturalization Service

HQ ISD 70.23.14

MAY 11, 2000

MEMORANDUM FOR

REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
DISTRICT DIRECTORS
OFFICERS IN CHARGE

FROM:

William R. Yates
Deputy Executive Associate Commissioner
Office of Field Operations
Immigration Services Division

SUBJECT: Extension of Temporary Protected Status (TPS) For Honduras and Nicaragua.

On May 11, the Attorney General announced via notice in the Federal Register that the TPS designations of Honduras and Nicaragua have been extended for an additional 12 months, until July 5, 2001. INS service centers should accept and begin processing applications for extension beginning May l1, 2000. See the processing instructions below.

Processing Instructions

The extension of the designations of TPS for Honduras and Nicaragua will last for the 12-month period from July 5, 2000 to July 5, 2001. Applicants must register for the extension during the 30-day period in the Federal Register. The re-registration period for the extension will begin May 11, 2000, and last until June 12, 2000. In addition to the 30-day re-registration period, a liberal policy towards granting late re-registration continues. Applicants for the extension must have been granted TPS previously and must remain eligible for TPS. See 8 USC 1254a and 8 CFR part 244 for eligibility information.

1) Basic Eligibility. Nationals of Honduras and Nicaragua (and stateless aliens who last habitually resided in Honduras or Nicaragua) may re-register for TPS if they

• were granted TPS during the initial designation period; and,

• they do not appear ineligible for TPS.

Applicants whose TPS application was not adjudicated prior to the extension may apply for the extension. Provided they appear eligible for TPS, an EAD may be issued as a temporary treatmentbenefit.

Note. Re-registration is not a second adjudication. However, if there is reason to suspect that the alien is no longer eligible for TPS, the eligibility requirements are set forth in 8 CFR 244.2. The grounds of ineligibility and inadmissability apply as specified for TPS by 8 CFR 244.2, 244.3, and 244.4. Procedures for the withdrawal of TPS are set forth at 8 CFR 244.13.

2) Application Fees. Individuals from Honduras and Nicaragua re-registering for TPS must file an application for Temporary Protected Status, Form I-821, together with an Application for Employment Authorization, FormI-765. For re-registration, there is no filing fee for the Form I-821. Late initial TPS applicants must submit the $50 filing fee with the I-821.A fee of one hundred dollars ($100) must accompany Form I-765, unless a properly documented fee waiver is submitted or the applicant does not request employment authorization.

3) Filing--All Applications: All Honduran or Nicaraguan applications for TPS (both for re­registration and late initial registration) and accompanying applications for employment authorization will be filed with the INS service center that has jurisdiction over the applicant's place of residence.

Aliens re-registering do not need to be fingerprinted a second time. In accordance with INS fingerprinting procedures, late initial TPS applicants should not submit Form FD-258 with their applications, but will be scheduled to appear at an application support center (ASC) or other INS- designated location to be fingerprinted at a later date. See field memorandum of March 27, 1998, Policy Memorandum 32, Guidance on the Acceptance and Handling of FD-­258 Fingerprint Cards, for fingerprinting procedures.

4) EAD Generation. In EAD processing, the TPS EAD expiration date should be “7/05/01” for Honduras and Nicaragua.

Detainees. Nationals of Honduras and Nicaragua (and stateless aliens who last habitually resided in Honduras and Nicaragua) who appear to be eligible for TPS or have a waivable ground of inadmissibility must be released from INS detention. Each office shall immediately review the A-files of any resident of Honduras and Nicaragua presently detained in their area of jurisdiction to determine apparent eligibility for TPS. Criminal grounds can result in TPS ineligibility under 8 CFR 244.3(c)(1) or INA 244.4(a).

5) Implications of Section 212 (a)(9) for TPS Applicants. Nationals of Honduras and Nicaragua in the United States protected under their TPS program are considered to be in a period of stay authorized by the Attorney General and have not accrued any unlawful presence for purposes of section 212(a)(9)(B)(i) of the Act for as long as the temporary protection has been in effect. However, any periods of unlawful presence that may have accrued before TPS was granted (but after April 1, 1997), and after such protection ceased to be in effect are counted towards the periods of unlawful presence described in section 212(a)(9)(B)(i) and 212(a)(9)(C) of the Act. Refer to the Service's policy memorandum of June 17, 1997. (IIRIRA memo # 96 Act 043).

Note that section 212(a)(9)(B)(iii) of the Act provides that certain periods of presence in the United States are not considered unlawful. This exemption includes time spent in the United States while the alien is: (a) under the age of 18; (b) a bona fide applicant for asylum (including time while administrative or judicial review is pending), unless employed without authorization; (c) under family unity protection pursuant to section 3.01 of the Immigration Act of 1990, as amended; or (d) a battered spouse or child able to establish a substantial connection between the status violation/unlawful entry and the abuse. Refer to the Service's policy memorandum of June 17, 1997. (IIRIRA memo # 96 Act 043).

6) Field Inquiries: All operational regional program units should familiarize themselves with this memo and related procedures in order to be responsive to any inquiry from the field­ Questions regarding the implementation of this memo may be directed through appropriate supervisory channels to HQISD, phone 514-2982.