The Law Office Of

Juan Carlos Pallares

The Law Office Of

Juan Carlos Pallares

Temporary Protected Status

Temporary Protective Status

Temporary Protected Status (TPS) is a time-limited status given to eligible nationals of designated countries who are present in the United States when circumstances in their home country make it unsafe to return. The status

is afforded to nationals from countries affected by armed conflict, natural disaster, or other extraordinary and temporary conditions, and allows eligible individuals to live and work in the United States temporarily. The length of a TPS designation can be anywhere from 6 to 18 months and can be extended for many years.

At least 60 days prior to expiration of the TPS designation, the Secretary of the Department of Homeland Security must announce whether he/she will extend or end the TPS designation. Announcements on whether TPS designations will be extended are posted online at https://www.federalregister.gov or https:// www.uscis.gov/humanitarian/temporary-protected-status.

As of May 2022, the following countries are currently designated for TPS:

To confirm whether your country is designated for TPS, please consult your attorney.

To be eligible for TPS, you must meet the following requirements:

*The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States. If you have any questions about these requirements or whether you qualify for TPS, please consult your attorney.

How to register for TPS

To register for TPS, you must fill out Form I-821, pay the required fee, and submit all supporting documentation and evidence required by USCIS. Upon receipt of your application materials, USCIS will send you a notice confirming the submission and eventually USCIS will send its decision on the case. If you receive TPS from USCIS, you will be permitted to work in the United States and to travel upon a grant of advance permission to travel.

You may register late for TPS during an extension of your country’s TPS designation period, although you must satisfy one of USCIS’s requirements for a late filing, as well as all TPS eligibility requirements described above. If you intend to submit a late initial application, it is recommended that you consult with your attorney before submitting your application.

You cannot qualify for TPS if you:

Source: ©2022 American Immigration Lawyers Association

DHS Rescinds Prior Administration’s Termination ofTemporary Protected Status Designations for ElSalvador, Honduras, Nepal, and Nicaragua

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Decision Extends TPS Designations for 18 Months for Current Beneficiaries

WASHINGTON – Today, the Department of Homeland Security (DHS) announced the rescission of the prior Administration’s terminations of the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua and the extension of TPS for these for countries for 18 months. Today’s actions are relevant to the litigation challenging the now-rescinded terminations. As always, DHS closely monitors conditions around the world to assess whether new TPS designations are warranted.

“Through the extension of Temporary Protected Status, we are able to offer continued safety and protection to current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua who are already present in the United States and cannot return because of the impacts of environmental disasters,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We will continue to offer support to them through this temporary form of humanitarian relief.”

Soon-to-be-published Federal Register notices will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register for TPS and renew their Employment Authorization Documents (EADs).

Once the notices are published, existing TPS beneficiaries under the four designations will be able to re-register to continue their TPS throughout the 18-month extension. Individuals who arrived in the United States after the continuous residence dates for these designations are not eligible for TPS and, if they enter without legal authorization and do not have a lawful basis to remain in the United States, will be subject to removal. The respective continuous residence dates are Feb. 13, 2001, for El Salvador; Dec. 30, 1998, for Honduras and Nicaragua; and June 24, 2015, for Nepal.

To ensure continued compliance with court orders in the litigation challenging the now-rescinded termination decisions, DHS previously extended the validity of TPS-related documentation for current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua through June 30, 2024. Details about each country’s extension and the re-registration period are set forth below and will be further explained in forthcoming Federal Register Notices.

El Salvador

DHS is extending the designation of El Salvador for TPS for 18 months, from Sept. 10, 2023, through March 9, 2025. The new extension allows approximately 239,000 current TPS beneficiaries to re-register to retain TPS through March 9, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 9, 2025, must re-register during the 60-day re-registration period from July 12, 2023, through Sept. 10, 2023.

Honduras

DHS is extending the designation of Honduras for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025. The new extension allows approximately 76,000 existing TPS beneficiaries to re-register to retain TPS through July 5, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.

Nepal

DHS is extending the designation of Nepal for TPS for 18 months, from Dec. 25, 2023, through June 24, 2025. The new extension allows approximately 14,500 existing TPS beneficiaries to re-register to retain TPS through June 24, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through June 24, 2025, must re-register during the 60-day re-registration period from Oct. 24, 2023, through Dec. 23, 2023.

Nicaragua

DHS is extending the designation of Nicaragua for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025. The new extension allows approximately 4,000 current TPS beneficiaries to re-register to retain TPS through July 5, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.

The decisions to rescind the termination of the designations of these four countries for TPS are effective on June 9, 2023.

For additional information, please see the specific TPS country pages on the USCIS website, and the USCIS Ramos v. Nielsen webpage.

Last Reviewed/Updated: 06/13/2023

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