Extension of Temporary Protected Status
to Nicaraguans and Hondurans

NOTICE TO TPS Victims of Hurricane Mitch:
90-day Extension of Work Permits for Hondurans and Nicaraguans with TPS valid thru October 5, 2005
(this article links to the USCIS website)

Temporary protected status for Nicaraguan and Hondurans will be extended for eighteen months. It will remain in effect until July 5, 2006.

Questions and Answers About TPS Extension

When is the deadline to apply for an extension?
The deadline to register for an extension is July 3, 2005.

How long does the extension last?
The new extension will last through July 5, 2006.

Who is eligible to apply for the extension?

You are eligible if:

• you are a national of Honduras or Nicaragua or last habitually resided in those two countries;
• you have been continually physically present in the United States as of January 5, 1999;
• you have continually resided in the United States since December 30, 1998;
  
• you registered during the initial registration period for Hurricane Mitch Victims (ending on August 20, 1999) or registered after that date under the late initial registration provision and timely reregistered during each subsequent extension

Nicaraguans or Hondurans who entered the United States after December 30, 1998 will not be allowed to file for TPS.

Those who have never registered for TPS may be eligible to register for late initial registration. See below.

What forms and documents will I need to apply for the extension?

You will need to fill out the following forms:

• Form I-821: an application for Temporary Protected Status (Instructions for I-821)
• Form I-765: an application for Employment Authorization, even if you will not be seeking work in the US during your stay

• Two identification photos (1 1/2" x 1 1/2")

How much will it cost?

Nothing, unless:

- you seek employment authorization ($120 fee)

- you are a TPS beneficiary applying for tps extension for your child who has reached the age of 14 and the child was not previously fingerprinted ($50 fingerprint fee).

What about my Employment Authorization Document?

The USCIS is granting an automatic extension of the expiration date of the EAD to December 5, 2003 in order to provide ample time for Mitch victims to reregister for TPS. This automatic extension does not relieve registrants from the responsibility of re-registering for TPS.

Where should I mail my completed application?

DO NOT APPLY AT A USCIS DISTRICT OFFICE. LOCAL USCIS OFFICES CANNOT ACCEPT TPS APPLICATIONS.

You must file your application, or have your attorney file your application, at a USCIS Service Center. The list of centers is below:

If you live in Connecticut, Delaware, Washington, DC, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, West Virginia, or the Virgin Islands, mail your application and applicable fees to:

Vermont Service Center
Attn: TPS
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
Attn: TPS 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

Will Honduran and Nicaraguan nationals protected by TPS be permitted to travel abroad 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. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings.

Who is eligible for late initial registration?

An alien may register for Temporary Protected Status as a late initial registrant if he or she:

• Is a national of Honduras or Nicaragua ( or an alien who has no nationality and who last habitually resided in Honduras or Nicaragua);
• Has been continuously physically present in the United States since January 5, 1999;
• Has continuously resided in the United States since December 30, 1998;
• Is admissible as an immigrant, except as provided under 8 CFR 244.3; and
• Is not ineligible for TPS under 8 CFR 244.4 (criminal and security-related bars).

Additionally, a late initial registrant must demonstrate that during the initial registration period from January 5, 1999, through August 20, 1999, 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.

An applicant for late initial registration must register within a 60-day period immediately following the expiration or termination of the conditions described above.

A spouse or child of an alien currently registered for TPS may apply for late initial registration at any time if he or she is otherwise eligible and `was so at the time of the initial registration period.

Who qualifies for "late initial registration"?

In order to qualify for late initial registration, the applicant must show that during the initial registration period (January 5, 1999 thru August 20, 1999) he or she:

• was a non-immigrant 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 repeal;
• was a parolee or had a pending request for reparole.

How do I apply for late initial registration?

A late initial registrant must file a complete application package, including supporting documentation and all applicable fees, in accordance with the regulations. In addition to the requirements described above for re-registration under the extension, a late initial registrant must submit a $50 fee with Form I-821 and, if 14 years of age or older, a $25 fingerprint fee. The applicant may request a fee waiver in accordance with the regulations.

If you need help registering or have questions about any of the above, please contact Immigration Law Offices at info@immigralaw.com .