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.                                                             

TPS Re-Registration Period Extended for Haitians

On Thursday, December 27, 2012, U.S. Citizenship and Immigration Services (USCIS) announced an extension of the re-registration period for Haitian nationals who have already been granted Temporary Protected Status (TPS) and seek to maintain that status for an additional 18 months. Given the impact Hurricane Sandy has had on regions where Haitians reside, the re-registration period is extended through Jan. 29, 2013.

Haitian TPS beneficiaries are strongly encouraged to apply as soon as possible. Under this extension, USCIS also will accept applications from eligible individuals who have already applied after the close of the re-registration period on Nov. 30, 2012 and will continue to accept applications through Jan. 29, 2013.

The initial, 60-day re-registration period was established after the Department of Homeland Security (DHS) announced in October 2012 an 18-month extension of the TPS designation of Haiti, from Jan. 23, 2013, through July 22, 2014. 

Approximately 60,000 Haitian nationals (and people having no nationality who last habitually resided in Haiti) are eligible for TPS re-registration. TPS is not available to Haitian nationals who entered the United States after Jan. 12, 2011.

In the Oct. 1, 2012 Federal Register notice announcing the extension of TPS for Haiti, DHS also automatically extended—by six months, through July 22, 2013—the validity of Employment Authorization Documents (EADs) for eligible Haitian TPS beneficiaries. This will allow sufficient time for eligible TPS beneficiaries whose re-registration is timely to receive an EAD without any lapse in employment authorization.

To re-register, TPS beneficiaries must submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization. Individuals seeking to re-register do not need to pay the Form I-821 application fee. However, a biometric services fee (or a fee-waiver request) is required for all re-registrants 14 years of age and older. All re-registrants seeking employment authorization through July 22, 2014, must submit the Form I-765 fee (or a fee-waiver request). Re-registrants who do not want employment authorization are not required to submit the I-765 fee but must still submit a completed Form I-765. Failure to submit the required filing fees or a properly documented fee-waiver request will result in the rejection of the re-registration application.

A notice posted in the Federal Register contains more details on the re-registration period’s extension. More information can be found by visiting the USCIS Web site at www.uscis.gov/tps or by calling the USCIS National Customer Service Center toll-free at 1-800-375-5283. TPS forms are available free of charge through www.uscis.gov/forms and the toll-free USCIS Forms line at 1-800-870-3676.

Eligible Haiti Nationals Reminded to Re-register for Temporary Protected Status by November 30, 2012

Eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who currently have Temporary Protected Status (TPS) must  re-register for TPS by November 30, 2012. Failure to re-register by this deadline may result in the loss of your TPS status. If you re-register after November 30 2012, you must provide good reason you could not re-register on time such as hardship due to Hurricane Sandy.

Details and procedures for re-registering for TPS are provided on the USCIS website and in the Federal Register notice announcing the extension of TPS for Haiti.

TPS was originally designated for Haiti in January 2010 in response to a catastrophic earthquake that devastated that country. TPS was re-designated in May 2011 (effective July 2011). The current 18-month extension of TPS for Haiti will remain in effect through July 22, 2014.

Also, if you have applied for and are awaiting a new Haiti TPS-related Employment Authorization Document (EAD), your current EAD, set to expire on January 22, 2013, has been automatically extended for 6 months. The 6-month auto-extension of EADs runs through July 22, 2013, as described in the Federal Register published on October 1, 2012 (77 FR 59943). These auto-extended EADs have “A12” or “C19” listed under “category” on the front of the card and an expiration date of January 22, 2012.

When providing proof of employment eligibility remember to provide both your EAD with the January 22, 2012 expiration date and a copy of the October 1, 2012 Federal Register notice to your employer.  For further guidance for employers and employees, please refer to the USCIS Web page, "Documentation Employers May Accept and Temporary Protected Status Beneficiaries May Present as Evidence of Employment Eligibility."

For more information on TPS, visit www.uscis.gov/tps. For additional information, applicants may also contact USCIS at 1-800-375-5283.

Extension of Temporary Protected Status for Haiti

Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for Haiti for an additional 18 months. Napolitano is also extending the suspension of certain requirements for F-1 nonimmigrant Haitian students.

The extension of TPS for Haiti will begin Jan. 23, 2013, and end July 22, 2014. Secretary Napolitano first designated Haiti for TPS on Jan. 21, 2010, after major earthquakes devastated the country.

Current Haitian TPS beneficiaries, who have continuously resided in the United States since Jan. 12, 2011, and seek to extend their TPS status, must re-register during the 60-day re-registration period that runs through Nov. 30, 2012, if they wish to maintain their TPS. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible within the 60-day period. USCIS will accept applications starting today through Nov. 30, 2012. Individuals who have not continuously resided in the United States since Jan. 12, 2011, will not be eligible.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Haitian TPS beneficiaries who timely re-register will receive a new EAD, if requested, with an expiration date of July 22, 2014. USCIS recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending currently valid TPS Haiti EADs bearing a Jan. 22, 2013, expiration date for an additional six months, through July 22, 2013.

In addition, the Department of Homeland Security (DHS) is extending the suspension of certain requirements for F-1 nonimmigrant Haitian students. The extension will enable these F-1 students to continue to obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load, while maintaining their F-1 student status. The suspension of the regulatory requirements will remain in effect for an additional 18 months, through July 22, 2014.

Further details about this extension may be found in the Federal Register notice published Monday, October 1, 2012.

Temporary Protected Status Period Extended for Haiti

Secretary of Homeland Security Janet Napolitano has extended Haiti’s Temporary Protected Status (TPS). The Department of Homeland Security published a notice in the Federal Register announcing this decision the week of Monday, September 24, 2012.

The Federal Register notice provides additional guidance on:

               Who is eligible for TPS;

               How to re-register if you have TPS;

               When to begin filing TPS applications;

               How to request an Employment Authorization Document (EAD);

               Six-month automatic extension of current EADs;

               TPS fees and fee waiver procedures; and

               Other TPS-related information.

NOTE: The 60-day re-registration period for current Haiti TPS beneficiaries will begin on the day the Federal Register notice publishes.  Individuals who have not continuously resided in the United States since Jan. 12, 2011 will not be eligible.

Immigration Fee Waivers: Part III

Forms with Fee Exemptions

               USCIS has determined that some applications and petitions should be designated as fee exempt. Please reference the G-1055, USCIS Fee Schedule, or specific form instructions for more information regarding application and petition fees.

Fee Waiver Requests for Initial Temporary Protected Status (TPS) Registration

If…	Then…
Your TPS application is received before the registration deadline, and your Request for Individual Fee Waiver, Form I-912 (or a written request) is denied,	You may re-file your application with the required fee or a new fee waiver request, on or before the registration deadline.
Your TPS application package is received on or before the registration deadline, and your Request for Individual Fee Waiver, Form I-912 (or a written request) is denied on or after the registration date,	You will be given 45 days to re-file your application package and required fee or a new fee waiver request. Your application package will be considered timely filed provided the application package is received within 45 days of the date on the fee waiver denial notice.
Your resubmitted TPS application package is received after the registration deadline, and it contains a new Request for Individual Fee Waiver, Form I-912 (or a written request) that is later denied,	Your application will be rejected and you will not be able to register for TPS due to the expiration of the registration period.

DHS Announces 18-Month Extension of Temporary Protected Status for Sudan and Designation for South Sudan

Secretary of Homeland Security Janet Napolitano extended the Temporary Protected Status (TPS) designation for Sudan for 18 months. She also designated the new Republic of South Sudan for TPS for 18 months. Both the extension and the new designation are effective Nov. 3, 2011, and will continue through May 2, 2013.

U.S. Citizenship and Immigration Services (USCIS) strongly encourages nationals from these countries (and persons with no nationality who last habitually resided in either country) to review the Federal Register notices for the extension and the new designation published today and follow the instructions on how to file an initial or re-registration application for TPS.

The Department of Homeland Security (DHS) is also automatically extending the validity of employment authorization documents (EADs) issued under the last extension of Sudan TPS for an additional six months, through May 2, 2012. Any individual who has a valid TPS Sudan EAD is covered by this automatic extension, even though USCIS may ultimately register the individual under the South Sudan TPS designation and issue a new EAD reflecting his or her new nationality.

All affected individuals seeking to obtain or maintain their TPS must file their application package no later than April 10, 2012.

During the past year, DHS and the State Department have reviewed the conditions in Sudan and the Republic of South Sudan—a nation that came into existence on July 9, 2011. Based on this review, Secretary Napolitano has determined that an 18-month extension for Sudan is warranted due to the ongoing armed conflict and the extraordinary and temporary conditions that prompted the last TPS designation of Sudan on Oct. 7, 2004. Secretary Napolitano also designated South Sudan for TPS due to similar ongoing armed conflict and extraordinary and temporary conditions.

TPS only applies to eligible Sudanese or South Sudanese nationals who have continuously resided in the United States since Oct. 7, 2004. There are approximately 340 individuals who DHS anticipates will be eligible either to re-register for TPS for Sudan or to obtain TPS under the South Sudan designation.

All individuals registering for TPS under the new designation for the Republic of South Sudan or re-registering for TPS under the extension for Sudan must file a Form I-821, Application for Temporary Protected Status, and a Form I-765, Application for Employment Authorization, accompanied by any required fees or a fee waiver request. Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the TPS application package.

Further details on the Sudan TPS extension and South Sudan TPS designation, including information regarding the application requirements and procedures, are available at www.uscis.gov/tps and in the Federal Register notices published Oct. 13, 2011.

TPS forms are free and available online at www.uscis.gov/forms or by calling the toll-free USCIS Forms line at 1-800-870-3676. Applicants may also request more information by contacting USCIS’s National Customer Service Center toll-free hotline at 1-800-375-5283.

Temporary Protected Status Haiti TPS

USCIS Responds to Haiti Earthquake

Effective immediately, toll free live assistance at 1-800-375-5283 has been extended until 11pm local time. This is a temporary change in response to the situation in Haiti.

January 15, 2010 (5:00pm EST) - Statement By Homeland Security Secretary Janet Napolitano
“As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.
“At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way.  The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.
“It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.
“The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts.
Haitians in the U.S. who are eligible to apply for TPS should call USCIS toll-free at (800) 375-5283.”

January 15, 2010 - Statement By Homeland Security Secretary Janet Napolitano
“The Department of Homeland Security continues to extend sympathy for our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts. On Wednesday, U.S. Immigration and Customs Enforcement halted all removals to Haiti for the time being in response to the devastation caused by Tuesday’s earthquake. The entire Department stands ready to receive evacuees safely and securely in the United States.
“Monetary contributions from individual Americans are the best way to immediately support the relief efforts of those who are working around-the-clock to help save lives in Haiti—and will help sustain these efforts over the long-term. The rebuilding process for the people of Haiti will undoubtedly be extremely difficult. I encourage every American who is interested in giving to participate in this response effort by providing support to those in need. You can visit www.whitehouse.gov/haitiearthquake to make your contribution.”

January 13, 2010 - Statement By Homeland Security Secretary Janet Napolitano
President Obama spoke this morning, extending "deep condolences and unwavering support of the American people" to Haiti, and committing the resources of the Federal government "to respond with a swift, coordinated, and aggressive effort to save lives."
Secretary Napolitano released a statement shortly after the President's remarks:
"The entire Department of Homeland Security (DHS) extends its sympathy for the devastation and loss of life in Haiti following last night's earthquake--a disaster that has called the world to action in response. The U.S. Coast Guard and the Federal Emergency Management Agency (FEMA) are leading DHS actions to support the larger assistance effort. Several Coast Guard cutters and aircraft have mobilized and are on the ground to assist the humanitarian effort as needed. FEMA has been in close contact with the State Department and USAID, the lead U.S. federal response agencies, and stands ready to provide assistance as requested. I am being kept closely apprised of the developing situation, and the Department will continue to support the people of Haiti and others affected by this tragedy. I encourage the American people to donate what funds they can afford to disaster relief organizations such as the American Red Cross to allow these voluntary groups to provide goods and services to disaster survivors as quickly as possible."
To help relief efforts, text “HAITI” to “90999” and $10 will be given automatically to the Red Cross, charged to your cell phone bill. Or you can go online to organizations like the Red Cross and Mercy Corps to make a contribution to the disaster relief efforts.
Americans seeking information on family members in Haiti should contact the State Department at 888-407-4747.

USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

• been granted Temporary Protected Status (TPS);
• a pending application for adjustment of status to lawful permanent resident;
• a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
• a pending asylum application; or
• a pending application for legalization.

To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available under “Immigration Forms” on USCIS’ Web site.

Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.

Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location. Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay. For more information on Advance Parole see How Do I Get a Travel Document? and instructions for Form I-131.

Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.

Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole. Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.

Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document. For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?

Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States. Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.

Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS’ Customer Service Center at 1-800-375-5283.

For more information on USCIS and its programs, visit www.uscis.gov.

USCIS Issues TPS Registration Reminder to Eligible Hondurans, Nicaraguans and Salvadorans

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today reminded Hondurans, Nicaraguans and Salvadorans, who are eligible for Temporary Protected Status (TPS), to file a re-registration application for TPS before the end of the re-registration period, (Dec. 1, 2008 for Hondurans and Nicaraguans, and Dec. 30, 2008 for Salvadorans).

The 18-month extension of TPS for nationals of Honduras and Nicaragua will remain in effect until July 5, 2010, and until Sept. 9, 2010 for nationals of El Salvador. Hondurans, Nicaraguans, and Salvadorans who have received TPS previously must re-register for the 18-month extension during the re-registration period. Failure to file a TPS re-registration application during the re-registration period without good cause will result in withdrawal of TPS benefits, including employment authorization and protection from removal from the U.S.

Additional Filing Tips:

• To apply for TPS re-registration you must submit both Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization. Both forms are available online. See "Related Links" on this page or call the USCIS forms line at 1-800-870-3676.
• You must file Form I-765 regardless of whether you wish to request an Employment Authorization Document (EAD). If you are not requesting an EAD, you do not need to submit a fee for Form I-765. Also, leave the boxes under the question, “I am applying for…” blank. The filing address is listed in the Federal Register notice for each country, and in the USCIS Questions and Answers for each country’s extension.
• Submit the appropriate versions of the forms (use Form I-821 dated Oct. 17, 2007 or later and Form I-765 dated May 27, 2008 or later). USCIS will reject applications submitted using earlier editions of the forms.
• Completely fill out the forms and mark all appropriate boxes. In Part 1, of Form I-821, re-registrants should mark the box for re-registration or renewal of temporary benefits.
• Submit the appropriate fee(s) with the applications. Make the check or money order payable to the Department of Homeland Security. To request a fee waiver, you must submit a properly documented request demonstrating your inability to pay. Guidance about fee waivers is online and can be accessed on this page under "Related Links."
• If your address changes after you file your application for re-registration, you must complete and submit a change of address form (AR-11) by mail or electronically. File the Form AR-11 electronically by following the directions online. Access the directions via "Related Links" on this page. You may also mail your Form AR-11 to this address:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

To facilitate processing your address change on your TPS application, you may call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833) to request USCIS update your address on your application. However, you must still file a completed Form AR-11 with USCIS.

More information is available from the National Customer Service Center by calling 800-375-5283.