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Ice on Immigration: Salvadorans may re-register for Temporary Protected Status

By L. Patricia Ice, Featured Columnist

Question:  When is the new re-registration period for Salvadorans with Temporary Protected Status (TPS)?

Answer: The Secretary of Homeland Security (Secretary) can grant TPS to eligible nationals of designated countries suffering the effects of an ongoing armed conflict, environmental disaster or other extraordinary or temporary condition.  When the Secretary has designated a county for TPS, beneficiaries may not be removed from the United States and they may receive employment authorization.  TPS does not lead to lawful permanent resident status.  When the Secretary terminates a county's TPS designation, a beneficiary returns to the immigration status s/he had prior to TPS.

On March 19, 2001, the United States Attorney General (AG) designated El Salvador for TPS due to the devastation caused by a series of severe earthquakes. Since that date, the AG and the Secretary have extended TPS for El Salvador four times, determining in each instance that the conditions warranting the designation continued to be met.

The 60 day re-registration period for citizens of El Salvador begins on August 21, 2007 and ends on October 22, 2007.  A Salvadoran with a current TPS employment authorization card (EAD) has an extension of the validity of the card until March 9, 2008.  This year, all applicants whose TPS re-registration is approved and who request EAD's will receive new cards.  No stickers will be issued.

To re-register for TPS under this extension, a current TPS beneficiary must submit a Department of Homeland Security (DHS) Form I-821 Application for Temporary Protected Status without the filing fee, a DHS I-765 Application for Employment Authorization with the filing fee of $340 or a fee waiver request, and an $80 biometrics services fee or fee waiver request for each applicant age 14 and older as well as re-registrants younger than age 14 who are requesting EADs.  If the applicant is only seeking to re-register for TPS and not seeking an extension of the EAD, there is no filing fee for the Form I-765, but the applicant must still file the Form I-765 for the TPS extension.  The forms and fees must be sent to the DHS Chicago lockbox at USCIS, Attention: TPS El Salvador, P.O. Box 8635, Chicago, IL  60680-8635. 

To find out more information and to determine if you are eligible for TPS El Salvador re-registration contact an immigration attorney or a representative accredited by the Bureau of Immigration Appeals (BIA). You may also check the immigration web site at http://www.uscis.gov/.

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice has recently taken on a two-year role as an Equal Justice Works Katrina Legal Fellow, focusing on immigrant employment issues as fair labor standards, and wage and hour problems, in areas around the Gulf Coast.  She is also dedicated to immigrants rights advocacy, and serves on the Board of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.

 

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