Haiti TPS Extension for an Additional 18 Months, Until January 22, 2013

Haiti TPS Extension for an Additional 18 Months, Until January 22, 2013

Temporary Protected Status (TPS) for Haiti has been extended for another 18 month (until Jan. 22, 2013). The re-designation was published in the Federal Register on May 19, 2011, and U.S. Citizenship and Immigration Services (USCIS) encourages applicants to review the Federal Register (at http://www.gpo.gov/fdsys/pkg/FR-2011-05-19/html/2011-12440.htm ) which contains filing instructions for initial TPS application. TPS applicants (new or re-registration) may also visit www.uscis.gov/tps for additional information on application and/or re-registration procedures on TPS and work authorization.

Under the 2010 designation, TPS applicants were required to show that they had continuously resided in the United States since Jan. 12, 2010. Under the re-designation, eligible individuals who arrived up to one year of the earthquake in Haiti may now apply for TPS. However, individuals who are now attempting to enter the United States illegally will not be granted TPS.

The re-designation of TPS for Haiti encompasses the following TPS applicants:

A. Individuals who do not have TPS or a pending TPS application may begin filing immediately, starting May 19, 2011 and no later than Nov. 15, 2011.

Individuals filing for the first time and who do not currently have TPS: Additional Haitians (and persons without nationality who last habitually resided in Haiti) who have continuously resided in the United States since Jan. 12, 2011, can apply for TPS, if they meet all other Haiti TPS eligibility criteria.
Individuals with pending TPS applications: Individuals who have already applied for TPS under the initial designation announcement in January 2010 and whose applications are still pending as of May 19, 2011, will not need to file a new Form I-821, Application for Temporary Protected Status. These applicants with pending I-821 who need to extend or request an Employment Authorization Document (EAD) must file a new Form I-765, Application for Employment Authorization, starting May 23, 2011.

B. Individuals who already have Haiti TPS must wait to file for re-registration when a Federal Register notice describing the re-registration procedure is published on May 23, 2011.
Individuals re-registering for TPS: Individuals who already have approved TPS for Haiti must re-register starting May 23, 2011, and ending Aug. 22, 2011, once the Federal Register notice with re-registration instructions is published. For expedited processing, TPS beneficiaries are encouraged to file for re-registration as soon as the re-registration period begins on May 23, 2011.

All individuals registering for the first time or re-registering for TPS must file a Form I-821 and a Form I-765, with any required fees or a fee waiver request. Applicants of TPS re-registration will need to check the Federal Register, being published on May 23, 2011, for fee information. Eligible applicants may also request a waiver of application fees by filling an additional form I-912, and can obtain more information on fee waiver procedures at USCIS website at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6fbad59ae8a8e010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD .

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

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This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Haiti TPS Registration Extended Till January 18, 2011 (Can Apply for EAD & Advance Parole; Based on Separate Immigration Eligibility/Application, Approved TPS Beneficiary May Apply for Nonimmigrant Status or Green Card)

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Temporary Protection Status (TPS) for eligible foreign nationals from Haiti has been extended from July 20, 2010 until January 18, 2011; allowing Haitians up to January 18, 2011 to apply for registration of TPS.

Eligible Haitian applicants must have been continuously present in the U.S. since January 12, 2010 to apply for TPS, and must submit their TPS registration by or before January 18, 2011.

Applicants may also apply for Employment Authorization Document (EAD) with their TPS applications. Filing fees apply but may be waived at the discretion of the USCIS on a case-by-case basis, upon reviewing the circumstances of the fee waiver request for each case.

Qualify TPS beneficiaries may apply for green card, other nonimmigrant or visa status, based on other non-TPS immigration sponsorships/applications. Some may require separate waiver applications when applying for immigration benefits. For those who have advance parole documents to travel internationally, they must have their immigration thoroughly reviewed before they embark on any international travels.

All TPS beneficiaries/applicants should have their immigration history status thoroughly reviewed as they may need separate waiver applications; or may be eligible for green card or other visa benefits.

For further information on I-601 waiver applications/cases, please also read our articles on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!" at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html and “I-601 Waivers: Improvement in Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time Are Coming Soon!” at
http://www.immigrationresource.net/united-states-of-america/us-visas/i-601-waivers-improvement-in-standards-for-extreme-hardships-concurrent-filings-with-i-130-alien-relative-immigrant-petition-adjudication-processing-time-are-coming-soon/

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

TPS for El Salvadorians Until March 9, 2012

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the U.S. Department of Homeland Security (DHS) will extend the temporary protection status (TPS) for another 18 months for eligible El Salvador nationals, from the current expiration date of September 9, 2010 to the new expiration date of March 9, 2012.

To qualify, eligible applicants must submit their TPS applications to the USCIS between July 9, 2010 and September 7, 2010. The applicants must apply within this time frame to avoid immigration complications. Applications outside this time frame may be possible depending on the circumstances of each case.

For existing TPS beneficiaries seeking re-registration of their TPS, the USCIS will automatically extend existing employment authorization documents (EAD) held by TPS beneficiaries for 6 months, until March 9, 2011 but they must still apply for their re-registration of TPS between July 9, 2010 and September 7, 2010. For those seeking to extend their EAD, they must also submit their applications to extend their EAD.
For eligibility, the applicants must meet the following criteria including, but are not limited to:

1. Applicants must be a national of, or for those without a nationality, last habitually resided in El Salvador;
2. Applicants must have been continuously resided in the United States since February 13, 2001; and
3. Applicants must have been continuously present, physically, in the United States, since March 9, 2001.

Late applicants or late registrants may apply for this TPS benefits if they could demonstrate that in 2001, the applicants were in valid nonimmigrant status or had other form of immigration relief(s) such as:
1. Voluntary departure;
2. Relief from removal;
3. Parolee or pending re-parole application;
4. Being a spouse or child of a foreign national currently eligibly to be a TPS registrant; OR
5. Have pending application for one of the following:
(a) Adjustment of status
(b) Change of status
(c) Asylum
(d) Voluntary departure
(e) Removal, including those under review or appeal

Qualify TPS beneficiaries may apply for green card, other nonimmigrant or visa status, based on other non-TPS immigration sponsorships/applications. Some may require separate waiver applications when applying for immigration benefits. For those who have advance parole documents to travel internationally, they must have their immigration thoroughly reviewed before they embark on any international travels. All TPS beneficiaries/applicants should have their immigration history status thoroughly reviewed as they may need separate waiver applications.

For further information on I-601 waiver applications/cases, please also read our articles on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!" at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html and “I-601 Waivers: Improvement in Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time Are Coming Soon!” at
http://www.immigrationresource.net/united-states-of-america/us-visas/i-601-waivers-improvement-in-standards-for-extreme-hardships-concurrent-filings-with-i-130-alien-relative-immigrant-petition-adjudication-processing-time-are-coming-soon/ or http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Temporary Protection Status (TPS) for Haiti Starting on January 21, 2010!

The U.S. Department of Homeland Security (DHS) will be publishing the Federal Register notice announcing the designation of Haiti for temporary protected status (TPS) on 1/21/2010, allowing eligible individuals from Haiti to apply for TPS starting 01/21/2010.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767; 703-772-8224
www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

News Headlines: Haitians who are in the U.S. illegally will likely be able to apply as early as Thursday to temporarily stay in the United States.

Temporary Protection Status (TPS) applications can be filed as soon as official notice is published in the Federal Register, likely Thursday. See http://www.chicagotribune.com/news/politics/sns-ap-us-haiti-earthquake-immigration,0,1855138.story

Temporary Protection Status (Temporary Immigration Status) for Haiti

In response to the January 12, 2010 earthquake tragedy in Haiti, the U.S. Department of Homeland Security (DHS) Secretary, Janet Napolitano, announced on January 15, 2010 that the United States will be granting Temporary Protection Status (TPS) to Haiti for 18 months. TPS is a temporary immigration status (for 18 months, in this case) to qualified foreign nationals for a designated country.

To be eligible for this TPS, the applicant must meet criteria such as:
1. The applicant must either be a national of Haiti, or does not have any nationality but whose last habitual residence was Haiti.
2. The applicant must have been continuously present in the United States (U.S.) since January 12, 2010 and the date when TPS can be submitted to the immigration.

People who are not eligible to apply for this TPS include:
1. Those arriving in the U.S. after January 12, 2010.
2. Those convicted of a felony, or two or more misdemeanors.
3. Those subject to several other criminal and security-related bars to asylum, including participating in the persecution of another individual or engaging in or inciting terrorist activity.

These TPS applications can only be submitted to the government in the time frame below:
1. When the federal government publishes the TPS eligibility in the Federal Register. A Federal Register is an official journal of the federal government of the United States.
2. Once published in the Federal Register, the TPS application must be submitted to the government within 180 days.

For those with existing or future immigration applications, not related to the TPS:
1. A TPS application does not affect an existing or other immigration case which was previously submitted to the immigration.
2. Similarly, a TPS applicant who has already applied for TPS but who has another form of immigration relief such as marriage- or employment-based sponsorship may continue to apply for the non-TPS immigration benefit, if eligible.

By virtue of a TPS application, an applicant will also be eligible to apply for employment authorization to work in the U.S. A TPS applicant will also be eligible to apply for advance parole, a type of travel document for international travel. However, a foreign national planning to travel internationally even with an advance parole should consult an experienced immigration attorney prior to an international travel because an advance parole document does not serve as a guarantee for re-entry into the U.S. Advance parole is merely a document for the traveler to apply for permission to re-enter the U.S., and certain foreign nationals may not be allowed re-entry into the U.S. after their international travels.

The standard documents required to apply for TPS will include proof of nationality, or for those without any nationality, last habitual residence for Haiti; and continuous presence in the U.S. since January 12, 2010. Secondary evidence may be used, where applicable. The final procedures for filing TPS applications will be announced in the Federal Register.

Separate government application filing fees will apply for a TPS application, employment authorization document and advance parole. Under certain circumstances, the filing fee(s) may be waived.

Most non-United States (U.S.) citizens (even green card holders) who are in the U.S. are required by law to notify DHS of any change of address within 10 days after moving to a new address, by filing a Form AR-11, Change of Address. The form AR-11 may be filed electronically on DHS' website at https://egov.uscis.gov/crisgwi/go?action=coa . Failure to comply with the U.S. change of requirement is a misdemeanor crime, punishable by fine (up to $200) and/or imprisonment (up to 30 days), and may also subject the non-U.S. citizen to deportation.

An immigration news article by Aik Wan Kok of Tiya PLC.
www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship