18-Month TPS Extension Announced for Sudan and South Sudan

On Wednesday, January 9, 2013, Secretary of Homeland Security Janet Napolitano redesignated Sudan and South Sudan for Temporary Protected Status (TPS) and extended the existing TPS designations for the two countries from May 3, 2013, through Nov. 2, 2014. This allows eligible nationals of the two countries to register or re-register for TPS in accordance with notices for Sudan and South Sudan published Wednesday, January 9, 2013, in the Federal Register. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register or re-register as soon as possible. 

Who’s Eligible	Current TPS Status	When to File
Sudanese and South Sudanese nationals (and persons without nationality who last habitually resided in Sudan or South Sudan)	Have TPS	Must re-register during 60-day re-registration period that runs from Jan. 9, 2013, through March 11, 2013.
	Do Not Have TPS	May apply for TPS during a six-month registration period that runs from Jan. 9, 2013, through July 8, 2013.

The extensions and redesignations of Sudan and South Sudan for TPS are based on ongoing armed conflict in that region and the continuation of extraordinary and temporary conditions that led to the TPS designations of Sudan in 2004 and South Sudan in 2011. Secretary Napolitano determined that extending the existing TPS designations, as well as redesignating the two countries for TPS, is warranted based on Department of Homeland Security (DHS) and Department of State reviews of country conditions conducted during the past year.

The Secretary has further determined that it is appropriate to designate Jan. 9, 2013, as the date by which Sudan and South Sudan TPS applicants must show they have continuously resided in the United States (i.e., the "continuous residence date").

DHS anticipates that approximately 300 individuals will be eligible to re-register for TPS under the existing designations of Sudan and South Sudan, and fewer than 4,000 additional individuals will be eligible for TPS under the redesignations.

Individuals applying for TPS for the first time must submit:

               Form I-821, Application for Temporary Protected Status;

               The Form I-821 application fee;

               Form I-765, Application for Employment Authorization, regardless of whether they want an Employment Authorization Document (EAD);

               The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old. Those under age 14 or age 66 and older do not need to pay the I-765 fee with their initial TPS application; and

               The biometrics services fee if they are age 14 or older.

Individuals re-registering for TPS must submit:

               Form I-821;

               Form I-765, regardless of whether they want an EAD;

               The Form I-765 application fee, but only if they want an EAD. All individuals re-registering for TPS who want an EAD must pay the I-765 fee, regardless of their age; and

               The biometric services fee if they are age 14 or older.

Individuals who still have a pending initial TPS application under Sudan or South Sudan do not need to submit a new Form I-821. However, if such individuals currently have a TPS-related EAD and want a new EAD, they should submit:

               Form I-765;

               The Form I-765 application fee, regardless of their age; and

               A copy of the receipt notice for the initial Form I-821 that is still pending.

Applicants may request that USCIS waive any or all fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. Failure to submit the required filing fees or a properly documented fee-waiver request will result in the rejection of the TPS application.

More information on TPS for Sudan and South Sudan - including guidance on eligibility, the application process and where to file - is available online at www.uscis.gov/tps. Further details on the extensions and redesignations of Sudan and South Sudan for TPS, including application requirements and procedures, are available in the Federal Register notices published Wednesday, January 9, 2013, for Sudan and South Sudan, respectively.                                                             

Fee Exemptions for Deferred Action for Childhood Arrivals: Part III

What documents must I submit with my request?  This depends on the category for which you are requesting an exemption from the fee. USCIS must be able to determine your eligibility by examining your supporting documents. The supporting documents must be legible and in English or accompanied by a certified translation.

What are some examples of acceptable documentation?  This list contains examples of acceptable documentation and is not exhaustive:

               Exemption: You are under 18, homeless, in foster care, or otherwise lacking any parental or other familial support and your income is less than 150% of the U.S. poverty level.  

                       Evidence you are under 18, such as a birth certificate or school records.

                       Affidavit from a community-based or religious organization that attests to your homelessness or lack of parental or familial support.

                       Letter or statement from an agency that you are currently in foster care.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank accounts and/or have no income or evidence to prove your income level.

               Exemption: You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150% of the U.S. poverty level.

                       Medical records or insurance records that describe your serious, chronic disability.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank accounts and/or have no income or evidence to prove your income level.

               Exemption: You have accumulated $25,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level.

                       Medical bills, insurance records, or other reliable evidence of unreimbursed medical expenses of at least $25,000.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank account, and/or have no income or other evidence to prove your income level.

2012 Health and Human Services Poverty Guidelines:

48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands
Household Size	150% of HHS Poverty Guidelines
1	$16,755
2	$22,695
3	$28,635
4	$34,575
5	$40,515
6	$46,455
7	$52,395
8	$58,335
For families with more than 8 persons, add $5940 for each additional person.
Alaska
Household Size	150% of HHS Poverty Guidelines
1	$20,955
2	$28,380
3	$35,805
4	$43,230
5	$50,655
6	$58,080
7	$65,505
8	$72,930
For families with more than 8 persons, add $7425 for each additional person.
Hawaii
Household Size	150% of HHS Poverty Guidelines
1	$19,290
2	$26,115
3	$32,940
4	$39,765
5	$46,590
6	$53,415
7	$60,240
8	$67,065
For families with more than 8 persons, add $6825 for each additional person.

Fee Exemptions for Deferred Action for Childhood Arrivals: Part II

Steps to Request an Exemption from the Deferred Action for Childhood Arrivals Filing Fee
Step 1: You must:	Send a letter in English requesting the exemption. USCIS must be able to identify the individual who needs the exemption and the exemption category requested.                Attach documentation (copies are acceptable) supporting your request. The supporting documents must be in English or accompanied by a certified translation.                The letter must be signed by the individual requesting consideration for the fee exemption. If the individual needing the exception cannot sign, provide an explanation and evidence that the person who does sign is a parent or legal guardian.                Each person requesting to be exempt from paying the filing fee should submit their own letter. Multiple individuals should not be grouped into one letter.                Mail your request to: U.S. Citizenship and Immigration Services Attn:  Deferred Action for Childhood Arrivals Fee Exemption Request P.O. Box 75036 Washington, DC 20013
Step 2: USCIS will:	Review your letter and supporting documents to determine if you are in a circumstance to warrant an exemption.                Request additional evidence if needed.                Approve or deny your request.                Send you an approval or denial letter.
Step 3: You must:	If approved, attach a copy of the fee exemption approval letter to the front of your request package, which must include Forms I-821D, I-765 and I-765WS.                If denied, submit the $465 filing fee with your forms or resubmit your fee exemption request with corrections or additional documents.                File the Forms I-821D, I-765 and I-765WS according to the form instructions.

Fee Exemptions for Deferred Action for Childhood Arrivals: Part I

To request consideration of deferred Action for childhood arrivals, you must file Form I-821D, Consideration of Deferred Action for Childhood Arrivals; Form I-765, Application for Employment Authorization; and Form I-765WS, Form I-765 Worksheet. The fee to request consideration of deferred action for childhood arrivals is $465 and cannot be waived.

Fee exemptions are available in very limited circumstances. In order to be considered for a fee exemption you must submit a letter and supporting documentation demonstrating that you meet one of the following conditions:

               You are under 18 years of age, homeless, in foster care, or under 18 years of age and otherwise lacking any parental or other familial support and your income is less than 150% of the U.S. poverty level,

               You cannot care for yourself because you suffer from a  serious chronic disability and your income is less than 150% of the U.S. poverty level,  or

               You, at the time of the request, accumulated $25,000 or more in debt in the past 12 months as the result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level.

A request for a fee exemption must be filed and favorably adjudicated before you file a request for consideration of deferred action for childhood arrivals without a fee. If you submit Forms I-821D, I-765 and I-765WS to a USCIS Lockbox facility without a fee and there is no record a fee exemption request has been approved, both forms will be rejected and returned to you.

2012 Health and Human Services Poverty Guidelines:

48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands
Household Size	150% of HHS Poverty Guidelines
1	$16,755
2	$22,695
3	$28,635
4	$34,575
5	$40,515
6	$46,455
7	$52,395
8	$58,335
For families with more than 8 persons, add $5940 for each additional person.
Alaska
Household Size	150% of HHS Poverty Guidelines
1	$20,955
2	$28,380
3	$35,805
4	$43,230
5	$50,655
6	$58,080
7	$65,505
8	$72,930
For families with more than 8 persons, add $7425 for each additional person.
Hawaii
Household Size	150% of HHS Poverty Guidelines
1	$19,290
2	$26,115
3	$32,940
4	$39,765
5	$46,590
6	$53,415
7	$60,240
8	$67,065
For families with more than 8 persons, add $6825 for each additional person.