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May 3, 2001
Extension of Temporary Protected Status (TPS)
For Hondurans and Nicaraguans
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries. During the period for which the Attorney General has designated a country under the TPS program, TPS beneficiaries are not required to leave the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the Attorney General terminates a country’s TPS designation, the alien will return to the status he or she had prior to TPS or to any other status they may have obtained while registered for TPS.
- Who is eligible?
An alien who is a national of Honduras or Nicaragua (or in the case of a alien having no nationality, a person who last habitually resided in Honduras or Nicaragua) may re-register for TPS and an extension of employment authorization. Re-registration is limited to persons who registered during the initial registration period, which ended on August 20, 1999 or who registered after that date under the late initial registration provision. Persons who are eligible for late initial registration may register for TPS during the extension.
Individuals who have been convicted in the United States of either a felony or two or more misdemeanors committed in the United States are not eligible for TPS. Likewise, individuals subject to certain criminal or security-related bars to asylum are ineligible for TPS.
- How do I re-register for a TPS extension?
If you already have been granted TPS through the Honduras/Nicaragua TPS Program, your TPS will expire on July 5, 2001. Persons previously granted TPS under the Honduras/Nicaragua program may apply for an extension during the 90-day re-registration period ending August 6, 2001 by submitting:
- An Application for Temporary Protected Status, Form I-821, with the supporting evidence;
- An Application for Employment Authorization, Form I-765;
- Two identification photographs (1 1/2" x 1 1/2"); and
- For every applicant who is 14 years of age or older, a $25 fingerprint fee.
Applicants for an extension of TPS benefits do not need to submit new fingerprints and therefore do not need to submit a $25 fingerprint fee.
Fees: A $50 fee must accompany the Form I-821. If the applicant requests employment authorization, he or she must submit a $100 fee with Form I-765. An applicant who does not seek employment authorization need not submit the $100 fee, but nonetheless must submit the Form I-765. The applicant may request a fee waiver in accordance with the regulations.
Information concerning the TPS program for nationals of Honduras and Nicaragua (or aliens having no nationality who last habitually resided in Honduras or Nicaragua) is available at the INS Internet Web site, located at www.ins.gov or the INS National Customer Service Center, at 1-800-375-5283. Applicants can also request the TPS forms by contacting the INS Forms Line, 1-800-870-3676. The forms can also be obtained from the INS Web site.
- What are the requirements for late initial registration?
To apply for late initial registration an applicant must:
- Be a national of Honduras or an alien who has no nationality and who last habitually resided in Honduras);
- Have been continuously physically present in the United States since January 5, 1999;
- Have continuously resided in the United States since December 30, 1998; and
- Be admissible as an immigrant, except as otherwise provided in the Immigration and Nationality Act.
Additionally, the applicant must be able to demonstrate that, during the registration period from January 5, 1999, through July 5, 2000, he or she:
- Was a nonimmigrant or had been granted voluntary departure status or any relief from removal,
- Had an application for change of status adjustment of status, asylum, voluntary departure or any relief from removal or change of status pending or subject to further review or appeal,
- Was a parolee or had a pending request for reparole, or
- Was the spouse or child of an alien currently eligible to be a TPS registrant.
An applicant for late initial registration must register no later than 60 days from the expiration or termination of the conditions described above.
- Where should I submit the Application for an Extension of TPS?
Please do not go to an INS District Office. Local INS offices cannot accept TPS applications. If applicants go to an INS District Office, they will be instructed to file their application with the INS Service Center that has jurisdiction over their place of residence. The following is a listing of INS Service Centers:
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
If you live in Arizona, California, Guam, Hawaii or Nevada, mail your application and applicable fees to:
California Service Center
P.O. Box 10821
Laguna Niguel, CA 92607-0821
If you live in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee or Texas, mail your application and applicable fees to:
Texas Service Center
P.O. Box 853062
Mesquite, TX 75185-3062
If you live elsewhere in the United States, mail your application and applicable fees to:
Nebraska Service Center
P.O. Box 87821
Lincoln, NE 68501-7821
- How long will the TPS extension last?
The TPS extension for Hondurans and Nicaraguans will last for an additional 12 months and is effective July 5, 2001. This extension will remain in effect until July 5, 2002. The 90-day re-registration period begins May 8, 2001, and will remain in effect until August 6, 2001.
- Specifically, what factors were considered in making the decision to grant a 12-month extension of TPS for Hondurans and Nicaragua?
Since the date of the last extension of Honduras’ TPS designation, the Departments of Justice and State have continued to review conditions in Honduras. Prior to making a decision, the Attorney General had consultations with the Department of State to determine whether conditions warranting the TPS designation continued to exist. Despite indications of progress in recovery efforts, the Attorney General determined that sufficient damage from Hurricane Mitch persists and that Honduras remains temporarily unable to handle adequately the return of more than 100,000 nationals. For example, a review of Honduras’ current conditions revealed that 14,000 out of the approximate 50,000 victims of Hurricane Mitch remain in shelters. Further, out of 60,000 housing units needed after Hurricane Mitch, only about 18,000 have actually been constructed. Upon review of all available information, the Attorney General concluded that a 12-month extension of Honduras’ TPS designation is warranted.
Since the date of the last extension of Nicaragua’s TPS designation, the Departments of Justice and State have continued to review conditions in Nicaragua. Prior to making a decision, the Attorney General had consultations with the Department of State to determine whether conditions warranting the TPS designation continued to exist. Despite indications of progress in recovery efforts, the Attorney General determined that sufficient damage from Hurricane Mitch persists that makes Nicaragua temporarily unable to handle adequately the return of its nationals. For example, the United Nations Food and Agricultural Organization designated Nicaragua as one of only four countries in the Western Hemisphere experiencing a food emergency. In addition, recovery efforts continued to be hamstrung by the delayed delivery on international aid.
- Will Honduran and Nicaraguan nationals protected by TPS be permitted to travel to their home countries during the TPS period?
Those granted TPS must receive advance permission to return to the United States before traveling abroad. This advance permission is called Advance Parole. An alien who leaves the United States without first obtaining Advance Parole may have his or her TPS withdrawn and may be removed from the United States upon return.
— INS —
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