Saturday, April 9, 2011

Temporary Protective Status for Mexicans? How Many Must Die First?

Temporary Protected Status

Temporary Protected Status
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.  Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
The Secretary may designate a country for TPS due to the following temporary conditions in the country:
  • Ongoing armed conflict (such as civil war)
  • An environmental disaster (such as earthquake or hurricane)
  • Other extraordinary and temporary conditions
During a designated period, eligible individuals:
  • Are not removable from the United States
  • Cannot be detained by DHS
  • Can obtain an employment authorization document (EAD)
  • May apply for travel authorization
Although having TPS, by itself, does not lead to permanent resident status (a green card), a TPS beneficiary may immigrate permanently under another provision of law if qualified. To find out more information about obtaining a green card through another provision of law, see the "Green Card" link to the right.
The laws pertaining to TPS can be found in section 244 of the Immigration and Nationality Act (INA), 8 USC section 1254a, and in the regulations at 8 CFR Part 244. See links to the right.
The forms used to register and re-register for TPS are:
  • I-821, Application for Temporary Protected Status
  • I-765, Application for Employment Authorization
You must file both forms together, even if you do not want work authorization. You must also file these forms with the required fees, or a Request for Fee Waiver, Form I-912 (or a written request) if you can show that you are not able to pay the fees.
For more TPS information about your country, including registration requirements, fees and automatic EAD extensions, see the TPS designated countries pages listed to the left.
If you have been granted TPS by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA), you may receive employment authorization by filing Form I-765, Application for Employment. You may also receive travel authorization by filing Form I-131, Application for Travel Document. You must follow the procedures below for notifying USCIS through a specially designated e-mail address for IJ and BIA grants of TPS. PLEASE NOTE, do not request an EAD or travel authorization if you are currently in proceedings and have not yet been granted TPS. Only request an EAD or travel authorization after an IJ or BIA grants you TPS. For more information about TPS grants by an Immigration Judge or the BIA, please see the "Granted TPS by an Immigration Judge or the Board of Immigration Appeals" section below.
Countries that are Currently Designated for TPS

See website

Designated CountryMost Recent Designation DateCurrent Expiration DateCurrent Re-Registration PeriodEAD Automatically Extended Through
El SalvadorMarch 9, 2001March 9, 2012July 9, 2010 to September 7, 2010March 9, 2011
HaitiJanuary 21, 2010July 22, 2011
HondurasJanuary 5, 1999January 5, 2012May 5, 2010 to July 6, 2010January 5, 2011
NicaraguaJanuary 5, 1999January 5, 2012May 5, 2010 to July 6, 2010January 5, 2011
SomaliaSeptember 4, 2001September 17, 2012November 2, 2010 to January 3, 2011NO Automatic Extension
SudanOctober 7, 2004November 2, 2011December 31, 2009 to March 1, 2010NO Automatic Extension

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