Extension of the Designation of El Salvador for Temporary Protected Status, 57128-57133 [E8-22979]
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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices
36504, to clarify the factors that will be
considered in making the determination
as to whether advisory councils, or
groups, should be certified in
accordance with the Act.
The Assistant Commandant for
Marine Safety and Environmental
Protection (G-M), redelegated
recertification authority for advisory
councils, or groups, to the Commander,
Seventeenth Coast Guard District on
February 26, 1999 (letter #16450).
On September 16, 2002, the Coast
Guard published a policy statement,
67 FR 58440, which changed the
recertification procedures such that
applicants are required to provide the
Coast Guard with comprehensive
information every three years
(triennially). For each of the two years
between the triennial application
procedure, applicants submit a letter
requesting recertification that includes a
description of any substantive changes
to the information provided at the
previous triennial recertification.
Further, public comment is not solicited
prior to recertification during
streamlined years, only during the
triennial comprehensive review.
Discussion of Comments
On August 7, 2008, the Coast Guard
published a ‘‘Notice of availability;
request for comments’’ for
recertification of Cook Inlet Regional
Citizens’ Advisory Council in the
Federal Register (73 FR 46027). We
received six letters commenting on the
proposed action. No public meeting was
requested, and none was held. Of the
seven comments received, all were
positive. Comments in support of the
recertification consistently cited
CIRCAC’s broad representation of the
respective communities’ interests,
appropriate actions to keep the public
informed, improvements to both spill
response preparation and spill
prevention, and oil spill industry
monitoring efforts that combat
complacency—as intended by the Act.
Recertification
jlentini on PROD1PC65 with NOTICES
By letter dated September 12, 2008,
the Commander, Seventeenth Coast
Guard certified that the CIRCAC
qualifies as an alternative voluntary
advisory group under 33 U.S.C. 2732(o).
This recertification terminates on
August 31, 2009.
Dated: September 15, 2008.
Arthur E. Brooks,
Rear Admiral, U.S. Coast Guard Commander,
Seventeenth Coast Guard District.
[FR Doc. E8–23033 Filed 9–30–08; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2456–08; DHS Docket No. USCIS–
2008–0034]
RIN 1615–ZA73
Extension of the Designation of El
Salvador for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice.
AGENCY:
SUMMARY: This Notice announces that
the Secretary of Homeland Security has
extended the designation of El Salvador
for temporary protected status (TPS) for
18 months, from its current expiration
date of March 9, 2009 through
September 9, 2010. This Notice also sets
forth procedures necessary for nationals
of El Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) with TPS to re-register
with U.S. Citizenship and Immigration
Services (USCIS). Unlike the prior
extension of TPS for El Salvador, this
Notice does not automatically extend
previously-issued employment
authorization documents (EADs).
Eligible TPS beneficiaries must apply to
USCIS for extensions of their EADs, and
pay the required application fee for such
extensions, during the 90-day
registration period. Re-registration is
limited to persons who have previously
registered with USCIS for TPS under the
designation of El Salvador and whose
applications have been granted by or
remain pending with USCIS. Certain
nationals of El Salvador (or aliens
having no nationality who last
habitually resided in El Salvador) who
have not previously applied to USCIS
for TPS may be eligible to apply under
the late initial registration provisions.
DATES: The extension of the TPS
designation of El Salvador is effective
March 10, 2009, and will remain in
effect through September 9, 2010. The
90-day re-registration period begins
October 1, 2008, and will remain in
effect until December 30, 2008. To
facilitate processing of applications,
applicants are strongly encouraged to
file as soon as possible after the start of
the 90-day re-registration period
beginning on October 1, 2008.
FOR FURTHER INFORMATION CONTACT:
Shelly Sweeney, Status and Family
Branch, Office of Service Center
Operations, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
PO 00000
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Avenue, NW., 2nd Floor, Washington,
DC 20529, telephone (202) 272–1533.
This is not a toll-free call. Further
information will also be available at
local USCIS offices upon publication of
this Notice and on the USCIS Web site
at https://www.uscis.gov.
Note: The phone number provided here is
solely for questions regarding this TPS
Notice. It is not for individual case status
inquiries. Applicants seeking information
about the status of their individual cases can
check Case Status Online available at the
USCIS Web site listed above, or applicants
may call the USCIS National Customer
Service Center at 1–800–375–5283 (TTY 1–
800–767–1833).
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This
Document
Act—Immigration and Nationality Act.
ASC—USCIS Application Support Center.
DHS—Department of Homeland Security.
HSA—Homeland Security Act of 2002.
OSC—U.S. Department of Justice Office of
Special Counsel for Immigration Related
Unfair Employment Practices.
EAD—Employment Authorization Document.
Secretary—Secretary of Homeland Security.
TPS—Temporary Protected Status.
USCIS—U.S. Citizenship and Immigration
Services.
What Is Temporary Protected Status?
TPS is an immigration status DHS
grants to eligible nationals of designated
countries or part of a designated
country. During the period for which
the Secretary of Homeland Security
(Secretary) has designated a country for
TPS, TPS beneficiaries are eligible to
remain in the United States and may
obtain work authorization. The granting
of TPS does not lead to permanent
resident status. When the Secretary
terminates a country’s TPS designation,
beneficiaries return to the same
immigration status they maintained
before TPS (unless that status had since
expired or been terminated) or to any
other status they may have been
obtained while registered for TPS.
What authority does the Secretary of
Homeland Security have to extend the
designation of El Salvador for TPS?
Section 244(b)(1) of the Immigration
and Nationality Act (Act), 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
agencies of the government, to designate
a foreign State (or part thereof) for TPS.1
1 As of March 1, 2003, in accordance with section
1517 of Title XV of the Homeland Security Act of
2002 (HSA), Public Law No. 107–296, 116 Stat.
2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act
describing functions which were transferred from
the Attorney General or other Department of Justice
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The Secretary may then grant TPS to
eligible nationals of that foreign State
(or aliens having no nationality who last
habitually resided in that State). Section
244(a)(1)(A) of the Act; 8 U.S.C.
1254a(a)(1)(A).
At least 60 days before the expiration
of a TPS designation, the Secretary, after
consultations with appropriate agencies
of the government, must review the
conditions in a foreign State designated
for TPS to determine whether the
conditions for the TPS designation
continue to be met and, if so, must
determine the length of an extension of
the TPS designation. Sections
244(b)(3)(A) and (C) of the Act, 8 U.S.C.
1254a(b)(3)(A) and (C). If the Secretary
determines that the foreign State no
longer meets the conditions for the TPS
designation, he must terminate the
designation. Section 244(b)(3)(B) of the
Act, 8 U.S.C. 1254a (b)(3)(B).
The Secretary’s determination to
designate a country for TPS, or to
extend or terminate such designation, is
not subject to judicial review. Section
244(b)(5) of the Act, 8 U.S.C.
1254a(b)(5)(A).
Why was El Salvador initially
designated for TPS?
On March 9, 2001, the Attorney
General published a Notice in the
Federal Register, at 66 FR 14214,
designating El Salvador for TPS due to
the devastation caused by a series of
severe earthquakes that occurred on
January 13, and February 13 and 17,
2001.
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When was the TPS designation for El
Salvador extended?
The Attorney General and the
Secretary of Homeland Security have
extended the designation for El Salvador
five times on the basis that the
conditions warranting the March 9,
2001, designation continued to be met.
See 67 FR 46000 (July 11, 2002); 68 FR
42071 (July 16, 2003); 70 FR 1450
(January 7, 2005); 71 FR 34637 (June 15,
2006); and 72 FR 46649 (August 21,
2007).
Why is the Secretary extending the TPS
designation for El Salvador through
September 9, 2010?
Over the past year, DHS and the
Department of State have continued to
review conditions in El Salvador. Based
on this review, DHS has determined that
an 18-month extension is warranted
because there continues to be a
substantial, but temporary, disruption of
official to the Department of Homeland Security by
the HSA ‘‘shall be deemed to refer to the Secretary’’
of Homeland Security. See 6 U.S.C. 557 (2003)
(codifying HSA, Title XV, § 1517).
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living conditions in El Salvador
resulting from the series of earthquakes
that struck the country in 2001, and
because El Salvador remains unable,
temporarily, to adequately handle the
return of its nationals, as required for
TPS designations based on significant
earthquake damage. Section 244(b)(1)(B)
of the Act; 8 U.S.C. 1254a(b)(1)(B).
El Salvador has still not completed
reconstruction of the infrastructure
damaged by several severe 2001
earthquakes. Transportation, housing,
education, and health sectors are still
suffering from the 2001 earthquakes, the
lingering effects of which limit El
Salvador’s ability to absorb a large
number of potential returnees. The
Salvadoran government assessed that
276,594 houses were affected by the
earthquakes. As of February 2007,
136,988 houses had been reconstructed
or repaired, approximately 50 percent of
the total number destroyed or damaged.
A housing program funded by the
European Union was completed in
March 2007, with a total of 5,482 houses
constructed. As of June 2008, a housing
program funded by the Inter-American
Development Bank (3,500 houses) was
underway with completion anticipated
by the middle of 2009. In June 2003, the
Salvadoran legislature approved
borrowing $142.6 million for the
reconstruction of seven hospitals. As of
June 2008, reconstruction of one of
seven main hospitals was completed.
Reconstruction of three others was
underway with completion anticipated
by the end of 2008.
Based upon this review, the Secretary
has determined, after consultation with
the appropriate government agencies,
that the conditions that prompted the
designation of El Salvador for TPS
continue to be met. See section
244(b)(3)(A) of the Act; 8 U.S.C.
1254a(b)(3)(A). There continues to be a
substantial, but temporary, disruption in
living conditions in El Salvador as the
result of the series of earthquakes that
struck the country in 2001, and El
Salvador continues to be unable,
temporarily, to handle adequately the
return of its nationals. See section
244(b)(1)(B) of the Act. On the basis of
these findings and determinations, the
Secretary concludes that the designation
of El Salvador for TPS should be
extended for an additional 18-month
period. See section 244(b)(3)(C) of the
Act, 8 U.S.C. 1254a(b)(3)(C). There are
approximately 229,000 nationals of El
Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) who are eligible for TPS
under this designation.
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What Actions Should Qualifying Aliens
Take Pursuant to This Notice?
To maintain TPS, a national of El
Salvador (or an alien having no
nationality who last habitually resided
in El Salvador) who was granted TPS
and who has not had TPS withdrawn
must re-register for TPS during the 90day re-registration period from October
1, 2008 until December 30, 2008. To reregister, aliens must follow the filing
procedures set forth in this Notice. An
addendum to this Notice provides
instructions on this extension, including
filing and eligibility requirements for
TPS and EADs. Information concerning
the extension of the designation of El
Salvador for TPS also will be available
at local USCIS offices upon publication
of this Notice and on the USCIS Web
site at https://www.uscis.gov.
Notice of Extension of the TPS
Designation of El Salvador
By the authority vested in me as
Secretary of Homeland Security under
section 244 of the Act, 8 U.S.C. 1254a,
I have determined, after consultation
with the appropriate government
agencies, that the conditions that
prompted the designation of El Salvador
for temporary protected status (TPS) on
March 9, 2001, continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C.
1254a(b)(3)(A). Accordingly, I am
extending the TPS designation of El
Salvador for 18 months from March 10,
2009, through September 9, 2010.
Dated: August 29, 2008.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing
Requirements
Do I need to re-register for TPS if I
currently have benefits through the
designation of El Salvador for TPS, and
would like to maintain them?
Yes. If you already have received TPS
benefits through the TPS designation of
El Salvador, your benefits will expire on
March 9, 2009. All TPS beneficiaries
must comply with the re-registration
requirements, and submit any
associated application fees or
applications for waivers of the fees,
described in this Notice in order to
maintain TPS benefits through
September 9, 2010. TPS benefits include
temporary protection against removal
from the United States and employment
authorization during the TPS
designation period. Section 244(a)(1) of
the Act; 8 U.S.C. 1254a(a)(1). Failure to
re-register without good cause will
result in the withdrawal of your
temporary protected status and possibly
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your removal from the United States.
Section 244(c)(3)(C) of the Act; 8 U.S.C.
1254a(c)(3)(C).
If I am currently registered for TPS or
have a pending application for TPS,
how do I re-register to renew my benefits
for the duration of the extension period?
Please submit the proper forms and
fees according to Tables 1 and 2 below.
The following are some helpful tips to
keep in mind when completing your
application:
• All applicants are strongly
encouraged to pay close and careful
attention when filling out the required
forms to help ensure that their dates of
birth, alien registration numbers,
spelling of their names, and other
required information is correctly
entered on the forms.
• All questions on the required forms
should be fully and completely
answered. Failure to fully complete
each required form may result in a delay
in processing of your application.
• Aliens who have previously
registered for TPS, but whose
applications remain pending, should
follow the filing instructions in this
Notice if they wish to renew their TPS
benefits.
• All TPS re-registration applications
submitted without the required fees will
be returned to applicants.
• All fee waiver requests should be
filed in accordance with 8 CFR 244.20.
• If you received an EAD during the
most recent registration period, please
submit a photocopy of the front and
back of your EAD.
TABLE 1—APPLICATION FORMS AND APPLICATION FEES
If
And
Then
You are re-registering for TPS ..........................
You are applying for an extension of your
EAD valid through September 9, 2010.
You are re-registering for TPS ..........................
You are NOT applying for renewal of your
EAD.
You are applying for TPS as a late initial registrant (see below) and you are between the
ages of 14 and 65 (inclusive).
You are applying for a TPS-related EAD ........
You are applying for TPS as a late initial registrant and are under age 14 or over age 65.
You are applying for a TPS-related EAD ........
You are applying for TPS as a late initial registrant, regardless of age.
You are NOT applying for an EAD ..................
Your previous TPS application is still pending ..
You are applying to renew your temporary
treatment benefits (i.e., an EAD with category ‘‘C–19’’ on its face).
You must complete and file the Form I–765,
Application for Employment Authorization,
with the fee of $340 or a fee waiver request. You must also submit Form I–821,
Application for Temporary Protected Status,
with no fee.
You must complete and file the Form I–765
with no fee and Form I–821 with no fee.
Note: DO NOT check any box for the question ‘‘I am applying for’’ listed on Form I–
765, as you are NOT requesting an EAD
benefit.
You must complete and file Form I–821 with
the $50 fee or fee waiver request and Form
I–765 with the fee of $340 or a fee waiver
request.
You must complete and file Form I–821 with
the $50 fee or fee waiver request. You must
also submit Form I–765 with no fee.
You must complete and file Form I–821 with
the $50 fee or fee waiver request and Form
I–765 with no fee.
You must complete and file the Form I–765
with the fee of $340 or a fee waiver request. You must also submit Form I–821,
with no fee.
Certain applicants must also submit a
Biometric Service Fee (See Table 2).
TABLE 2—BIOMETRIC SERVICE FEE
If
And
Then
You are 14 years of age or older ......................
1. You are re-registering for TPS, or ...............
You must submit a Biometric Service fee of
$80 or a fee waiver request.
You are younger than 14 years of age .............
2. You are applying for TPS under the late initial registration provisions, or.
3. Your TPS application is still pending and
you are applying to renew temporary treatment benefits (i.e., EAD with category ‘‘C–
19’’ on its face).
1. You are applying for an EAD, or .................
You do NOT need to submit a Biometric Service fee.
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2. You are NOT applying for an EAD.
What editions of Form I–821 and Form
I–765 should I submit?
Only versions of Form I–821 dated
October 17, 2007 (Rev. 10/17/07), or
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later, will be accepted. Only versions of
Form I–765 dated May 27, 2008 (Rev. 5/
27/08), or later, will be accepted. The
revision date can be found in the bottom
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right corner of the form. The proper
forms can be found on the Internet at
https://www.uscis.gov or by calling the
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USCIS forms hotline at 1–800–870–
3676.
57131
Where should I submit my application
for TPS?
Please reference Table 3 below to see
where to mail your specific application.
TABLE 3—APPLICATION MAILING DIRECTIONS
If
Then mail to
Or, for courier deliveries, mail to
You are applying for re-registration or applying
to renew your temporary treatment benefits.
U.S. Citizenship and Immigration Services,
Attn: TPS El Salvador, P.O. Box 8635, Chicago, IL 60680–8635.
U.S. Citizenship and Immigration Services,
Attn: TPS El Salvador, P.O. Box 8670, Chicago, IL 60680–8670.
U.S. Citizenship and Immigration Services,
Attn: TPS El Salvador, 131 S. Dearborn—
3rd Floor, Chicago, IL 60603–5517.
U.S. Citizenship and Immigration Services,
Attn: TPS El Salvador [Additional Documents], 131 S. Dearborn—3rd Floor, Chicago, IL 60603–5517.
Please note that the email address
provided above is solely for reregistration applicants who were
granted TPS by Immigration Judges and
by the Board of Immigration Appeals to
use to notify USCIS of their grants of
TPS. It is not for individual case status
inquiries. Applicants seeking
information about the status of their
individual cases can check Case Status
Online available at the USCIS Web site,
or applicants may call the USCIS
National Customer Service Center.
Can I file my application electronically?
You are applying for the first time as a late initial registrant.
If you were granted TPS by an
Immigration Judge or the Board of
Immigration Appeals you must submit
evidence of the grant of TPS (such as an
order from the Immigration Judge) with
your application. In addition, when you
receive your receipt notice (Form I–797)
you will need to send an e-mail to
Tpsijgrant.vsc@dhs.gov that includes
the following information:
• Your name;
• Your date of birth;
• The receipt number for your reregistration;
• Your A-number; and
• The date you were granted TPS.
If you are filing for re-registration and
do not need to submit supporting
documentation (see Table 4) with your
application, you may file your
application electronically. To file your
application electronically, follow
directions on the USCIS Web site at:
https://www.uscis.gov.
How will I know if I need to submit
supporting documentation with my
application package?
See Table 4 below to determine if you
need to submit supporting
documentation.
TABLE 4—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION?
Then
One or more of the questions listed in Part 4,
Question 2 of Form I–821 applies to you.
You were granted TPS by an Immigration Judge
or the Board of Immigration Appeals.
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If
You must submit an explanation, on a separate sheet(s) of paper, and/or additional documentation must be provided.
You must include evidence of the grant of TPS (such as an order from the Immigration Judge)
with your application package.
How do I know if I am eligible for late
initial registration?
You may be eligible for late initial
registration under 8 CFR 244.2. In order
to be eligible for late initial registration,
you must:
(1) Be a national of El Salvador (or an
alien who has no nationality and who
last habitually resided in El Salvador);
(2) Have continuously resided in the
United States since February 13, 2001;
(3) Have been continuously physically
present in the United States since March
9, 2001; and
(4) Be both admissible as an
immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not
ineligible under section 244(c)(2)(B) of
the Act.
Additionally, you must be able to
demonstrate that during the registration
period for the initial designation of TPS
(March 9, 2001 to September 9, 2002),
you:
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(1) Were a nonimmigrant or had been
granted voluntary departure status or
any relief from removal;
(2) 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;
(3) Were a parolee or had a pending
request for reparole; or
(4) Are the spouse or child of an alien
currently eligible to be a TPS registrant.
An applicant for late initial
registration must file an application for
late registration no later than 60 days
after the expiration or termination of the
conditions described above. See 8 CFR
244.2(g). All late initial registration
applications for TPS, pursuant to the
designation of El Salvador, should be
submitted to the appropriate address
listed above in Table 3.
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Are certain aliens ineligible for TPS?
Yes. There are certain criminal and
terrorism-related inadmissibility
grounds that render an alien ineligible
for TPS. See section 244(c)(2)(A)(iii) of
the Act; 8 U.S.C. 1254a(c)(2)(A)(iii).
Further, aliens who have been convicted
of any felony or two or more
misdemeanors committed in the United
States are ineligible for TPS under
section 244(c)(2)(B)(i) of the Act, 8
U.S.C. 1254a(c)(2)(B)(i), as are aliens
described in section 208(b)(2)(A) of the
Act, 8 U.S.C. 1158(b)(2)(A) (describing
the bars to asylum). See section
244(c)(2)(B)(ii) of the Act; 8 U.S.C.
1254a(c)(2)(B)(ii).
If I currently have TPS, can I lose my
TPS benefits?
TPS and related benefits will be
withdrawn if you:
(1) Are not eligible for TPS,
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(2) Fail to timely re-register for TPS
without good cause, or
(3) Fail to maintain continuous
physical presence in the United States.
See sections 244(c)(3)(A)–(C) of the Act;
8 U.S.C. 1254a(c)(3)(A)–(C).
Does TPS lead to lawful permanent
residence status?
No. TPS is a temporary benefit.
Having been granted TPS does not, of
itself, provide an alien with a basis for
seeking lawful permanent resident
status. A TPS beneficiary who wants to
become a lawful permanent resident
must qualify for this status based on a
family relationship, employment
classification, or other generally
available basis for immigration, and
must be otherwise admissible as an
immigrant. The alien may need to go
abroad to obtain an immigrant visa, if
the alien is not eligible for adjustment
of status. If the alien is subject to any
ground of inadmissibility, the alien
would need to obtain any necessary
waiver in order to become a lawful
permanent resident.
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If I am currently covered under TPS,
what status will I have if my country’s
TPS designation is terminated?
When a country’s TPS designation is
terminated, you will maintain the same
immigration status that you held prior
to obtaining TPS (unless that status has
since expired or been terminated), or
any other status you may have acquired
while registered for TPS. Accordingly, if
you held no lawful immigration status
prior to being granted TPS and did not
obtain any other status during the TPS
period, you will revert to unlawful
status upon the termination of the TPS
designation. Once the Secretary
determines that a TPS designation
should be terminated, aliens who had
TPS under that designation, and who do
not hold any other lawful immigration
status, must plan for their departure
from the United States.
May I apply for another immigration
benefit while registered for TPS?
Yes. Registration for TPS does not
prevent you from applying for nonimmigrant status, filing for adjustment
of status based on an immigrant
petition, or applying for any other
immigration benefit or protection.
Section 244(a)(5) of the Act; 8 U.S.C.
1254a(a)(5). For the purposes of change
of status and adjustment of status, an
alien is considered to be in, and
maintaining, lawful status as a
nonimmigrant during the period in
which he or she is granted TPS. See
section 244(f)(4) of the Act; 8 U.S.C.
1254a(f)(4).
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However, if an alien has periods of
time when he or she had no lawful
immigration status before, or after, the
alien’s time in TPS, those period(s) of
unlawful presence may negatively affect
that alien’s ability to adjust to
permanent resident status or attain other
immigration benefits, depending on the
circumstances of the specific case. See,
e.g., section 212(a)(9) of the Act; 8
U.S.C. 1182(a)(9) (unlawful presence
ground of inadmissibility that is
triggered by a departure from the United
States). In some cases, the unlawful
presence ground of inadmissibility, or
certain other grounds of inadmissibility,
may be waived when an alien applies to
adjust to permanent resident status or
for another immigration status.
How does an application for TPS affect
my application for asylum or other
immigration benefits?
An application for TPS does not affect
an application for asylum or any other
immigration benefit. Denial of an
application for asylum or any other
immigration benefit does not affect an
alien’s TPS eligibility, although the
grounds for denying one form of relief
may also be grounds for denying TPS.
For example, a person who has been
convicted of a particularly serious crime
is not eligible for asylum or TPS. See
sections 244(b)(2)(A)(ii) and
244(c)(2)(B)(ii) of the Act; 8 U.S.C.
1254a(b)(2)(A)(ii) and 8 U.S.C.
1254a(c)(2)(B)(ii).
Can nationals of El Salvador (or aliens
having no nationality who last
habitually resided in El Salvador) who
entered the United States after February
13, 2001, file for TPS?
No. This extension does not expand
TPS eligibility to those who are not
currently eligible. To be eligible for
benefits under this extension, nationals
of El Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) must have continuously
resided in the United States since
February 13, 2001, and have been
continuously physically present in the
United States since March 9, 2001. See
section 244(c)(1) of the Act, 8 U.S.C.
1254a(c)(1), also 66 FR 14214 (Mar. 9,
2001).
What documents should I bring to my
ASC appointment?
TPS re-registrants will receive a
notice in the mail with instructions as
to whether or not they will be required
to appear at a USCIS Application
Support Center (ASC) for biometrics
collection. To increase efficiency and
improve customer service, whenever
possible USCIS will reuse previously-
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
captured biometrics and will conduct
necessary security checks using those
biometrics, such that you may not be
required to appear at an ASC. Due to
systems limitations, it may not be
possible in every case to reuse
biometrics.
However, even if you do not need to
attend an ASC appointment, you are
required to pay the separate biometrics
fee or submit an appropriately
supported fee waiver request. See 8 CFR
244.6. This fee will help cover the
USCIS costs associated with use and
maintenance of collected biometrics
(such as fingerprints) for FBI and other
background checks, identity
verification, and document production.
If you are required to report to an
ASC, you must bring the following
documents:
(1) Your receipt notice for your reregistration application;
(2) Your ASC appointment notice; and
(3) Your current EAD.
Failure to appear at an ASC for a
required ASC appointment will result in
denial of your case due to abandonment
unless you submit an address change
notification (see instructions below) or a
rescheduling request prior to your
appointment.
If no further action is required for
your case, you will receive a new EAD
by mail valid through September 9,
2010. If your case requires further
resolution, USCIS will contact you in
writing to explain what additional
information, if any, is necessary to
resolve your case. If your application is
subsequently approved, you will receive
a new EAD in the mail with an
expiration date of September 9, 2010.
What if my address changes after I file
my re-registration application?
If your address changes after you file
your application for re-registration, you
must complete and submit Form AR–11
by mail or electronically. The mailing
address is: U.S. Citizenship and
Immigration Services, Change of
Address, P.O. Box 7134, London, KY
40742–7134.
Form AR–11 can also be filed
electronically by following the
directions on the USCIS Web site at:
https://www.uscis.gov. To facilitate
processing your address change on your
TPS application, you may call the
USCIS National Customer Service
Center at 1–800–375–5283 (TTY 1–800–
767–1833) to request that your address
be updated on your application. Please
note that calling the USCIS National
Customer Service Center does not
relieve you of your burden to properly
file a Form AR–11 with USCIS.
E:\FR\FM\01OCN1.SGM
01OCN1
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices
Will my current EAD that is set to expire
on March 9, 2009, automatically be
extended for six months?
No. This Notice does not
automatically extend previously-issued
EADs. DHS has announced the
extension of the TPS designation of El
Salvador and established the reregistration period at an early date to
allow sufficient time for DHS to process
EAD requests prior to the March 9,
2009, expiration date. You must file
during the 90-day re-registration period.
Failure to apply during the reregistration period without good cause
will result in a withdrawal of your TPS
benefits. DHS strongly encourages you
to file as early as possible within the reregistration period.
May I request an interim EAD at my
local District Office?
No. USCIS will not issue interim
EADs to TPS applicants and reregistrants at District Offices. Interim
EADs may only be issued by the
Vermont Service Center.
What documents may a qualified
individual show to his or her employer
as proof of employment authorization
and identity when completing Form I–9?
jlentini on PROD1PC65 with NOTICES
After March 9, 2009, a TPS
beneficiary under TPS for El Salvador
who has timely re-registered with
USCIS as directed under this Notice and
obtained a new EAD may present his or
her new valid EAD to his or her
employer as proof of employment
authorization and identity. Employers
may not accept previously issued EADs
that are no longer valid. Individuals also
may present any other legally acceptable
document or combination of documents
listed on the Form I–9 as proof of
identity and employment eligibility.
Note to Employers: Employers are
reminded that the laws requiring
employment eligibility verification and
prohibiting unfair immigration-related
employment practices remain in full force.
This Notice does not supersede or in any way
limit applicable employment verification
rules and policy guidance, including those
rules setting forth re-verification
requirements. For questions, employers may
call the USCIS Customer Assistance Office at
1–800–357–2099. Also, employers may call
the U.S. Department of Justice Office of
Special Counsel for Immigration Related
Unfair Employment Practices (OSC)
Employer Hotline at 1–800–255–8155.
Additional information is available on the
OSC Web site at https://www.usdoj.gov/crt/
osc/.
[FR Doc. E8–22979 Filed 9–30–08; 8:45 am]
BILLING CODE 9111–97–P
VerDate Aug<31>2005
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Jkt 214001
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2455–08; DHS Docket No. USCIS–
2008–0033]
RIN 1615–ZA72
Extension of the Designation of
Honduras for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice.
AGENCY:
SUMMARY: This Notice announces that
the Secretary of Homeland Security has
extended the designation of Honduras
for temporary protected status (TPS) for
18 months, from its current expiration
date of January 5, 2009 through July 5,
2010. This Notice also sets forth
procedures necessary for nationals of
Honduras (or aliens having no
nationality who last habitually resided
in Honduras) with TPS to re-register
with U.S. Citizenship and Immigration
Services (USCIS). Unlike the prior
extension of TPS for Honduras, this
Notice does not automatically extend
previously issued employment
authorization documents (EADs).
Eligible TPS beneficiaries must apply to
USCIS for extensions of their EADs, and
pay the required application fee for such
extensions, during the 60-day
registration period. Re-registration is
limited to persons who have previously
registered with USCIS for TPS under the
designation of Honduras and whose
applications have been granted by or
remain pending with USCIS. Certain
nationals of Honduras (or aliens having
no nationality who last habitually
resided in Honduras) who have not
previously applied to USCIS for TPS
may be eligible to apply under the late
initial registration provisions.
DATES: The extension of the TPS
designation of Honduras is effective
January 6, 2009, and will remain in
effect through July 5, 2010. The 60-day
re-registration period begins October 1,
2008, and will remain in effect until
December 1, 2008. To facilitate
processing of applications, applicants
are strongly encouraged to file as soon
as possible after the start of the 60-day
re-registration period beginning on
October 1, 2008.
FOR FURTHER INFORMATION CONTACT:
Shelly Sweeney, Status and Family
Branch, Office of Service Center
Operations, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
57133
Avenue, NW., 2nd Floor, Washington,
DC 20529, telephone (202) 272–1533.
This is not a toll-free call. Further
information will also be available at
local USCIS offices upon publication of
this Notice and on the USCIS Web site
at https://www.uscis.gov.
Note: The phone number provided here is
solely for questions regarding this TPS
Notice. It is not for individual case status
inquiries. Applicants seeking information
about the status of their individual cases can
check Case Status Online available at the
USCIS Web site listed above, or applicants
may call the USCIS National Customer
Service Center at 1–800–375–5283 (TTY 1–
800–767–1833).
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This
Document
Act—Immigration and Nationality Act.
ASC—USCIS Application Support Center.
DHS—Department of Homeland Security.
EAD—Employment Authorization Document.
HSA—Homeland Security Act of 2002.
OSC—U.S. Department of Justice Office of
Special Counsel for Immigration Related
Unfair Employment Practices.
PRRAC—European Union’s Regional
Program for the Reconstruction of Central
America.
Secretary—Secretary of Homeland Security.
TPS—Temporary Protected Status.
USCIS—U.S. Citizenship and Immigration
Services.
What Is Temporary Protected Status?
TPS is an immigration status DHS
grants to eligible nationals of designated
countries or part of a designated
country. During the period for which
the Secretary of Homeland Security
(Secretary) has designated a country for
TPS, TPS beneficiaries are eligible to
remain in the United States and may
obtain work authorization. The granting
of TPS does not lead to permanent
resident status. When the Secretary
terminates a country’s TPS designation,
beneficiaries return to the same
immigration status they maintained
before TPS (unless that status had since
expired or been terminated) or to any
other status they may have obtained
while registered for TPS.
What authority does the Secretary of
Homeland Security have to extend the
designation of Honduras for TPS?
Section 244(b)(1) of the Immigration
and Nationality Act (Act), 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
agencies of the government, to designate
a foreign State (or part thereof) for TPS.1
1 As of March 1, 2003, in accordance with section
1517 of Title XV of the Homeland Security Act of
2002 (HSA), Public Law No. 107–296, 116 Stat.
E:\FR\FM\01OCN1.SGM
Continued
01OCN1
]]>Agencies
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57128-57133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22979]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2456-08; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZA73
Extension of the Designation of El Salvador for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the Secretary of Homeland Security
has extended the designation of El Salvador for temporary protected
status (TPS) for 18 months, from its current expiration date of March
9, 2009 through September 9, 2010. This Notice also sets forth
procedures necessary for nationals of El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) with TPS to re-
register with U.S. Citizenship and Immigration Services (USCIS). Unlike
the prior extension of TPS for El Salvador, this Notice does not
automatically extend previously-issued employment authorization
documents (EADs). Eligible TPS beneficiaries must apply to USCIS for
extensions of their EADs, and pay the required application fee for such
extensions, during the 90-day registration period. Re-registration is
limited to persons who have previously registered with USCIS for TPS
under the designation of El Salvador and whose applications have been
granted by or remain pending with USCIS. Certain nationals of El
Salvador (or aliens having no nationality who last habitually resided
in El Salvador) who have not previously applied to USCIS for TPS may be
eligible to apply under the late initial registration provisions.
DATES: The extension of the TPS designation of El Salvador is effective
March 10, 2009, and will remain in effect through September 9, 2010.
The 90-day re-registration period begins October 1, 2008, and will
remain in effect until December 30, 2008. To facilitate processing of
applications, applicants are strongly encouraged to file as soon as
possible after the start of the 90-day re-registration period beginning
on October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Shelly Sweeney, Status and Family
Branch, Office of Service Center Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1533.
This is not a toll-free call. Further information will also be
available at local USCIS offices upon publication of this Notice and on
the USCIS Web site at https://www.uscis.gov.
Note: The phone number provided here is solely for questions
regarding this TPS Notice. It is not for individual case status
inquiries. Applicants seeking information about the status of their
individual cases can check Case Status Online available at the USCIS
Web site listed above, or applicants may call the USCIS National
Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act.
ASC--USCIS Application Support Center.
DHS--Department of Homeland Security.
HSA--Homeland Security Act of 2002.
OSC--U.S. Department of Justice Office of Special Counsel for
Immigration Related Unfair Employment Practices.
EAD--Employment Authorization Document.
Secretary--Secretary of Homeland Security.
TPS--Temporary Protected Status.
USCIS--U.S. Citizenship and Immigration Services.
What Is Temporary Protected Status?
TPS is an immigration status DHS grants to eligible nationals of
designated countries or part of a designated country. During the period
for which the Secretary of Homeland Security (Secretary) has designated
a country for TPS, TPS beneficiaries are eligible to remain in the
United States and may obtain work authorization. The granting of TPS
does not lead to permanent resident status. When the Secretary
terminates a country's TPS designation, beneficiaries return to the
same immigration status they maintained before TPS (unless that status
had since expired or been terminated) or to any other status they may
have been obtained while registered for TPS.
What authority does the Secretary of Homeland Security have to extend
the designation of El Salvador for TPS?
Section 244(b)(1) of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with
appropriate agencies of the government, to designate a foreign State
(or part thereof) for TPS.\1\
[[Page 57129]]
The Secretary may then grant TPS to eligible nationals of that foreign
State (or aliens having no nationality who last habitually resided in
that State). Section 244(a)(1)(A) of the Act; 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
Title XV of the Homeland Security Act of 2002 (HSA), Public Law No.
107-296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act describing
functions which were transferred from the Attorney General or other
Department of Justice official to the Department of Homeland
Security by the HSA ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (2003) (codifying HSA, Title XV,
Sec. 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of a TPS designation, the
Secretary, after consultations with appropriate agencies of the
government, must review the conditions in a foreign State designated
for TPS to determine whether the conditions for the TPS designation
continue to be met and, if so, must determine the length of an
extension of the TPS designation. Sections 244(b)(3)(A) and (C) of the
Act, 8 U.S.C. 1254a(b)(3)(A) and (C). If the Secretary determines that
the foreign State no longer meets the conditions for the TPS
designation, he must terminate the designation. Section 244(b)(3)(B) of
the Act, 8 U.S.C. 1254a (b)(3)(B).
The Secretary's determination to designate a country for TPS, or to
extend or terminate such designation, is not subject to judicial
review. Section 244(b)(5) of the Act, 8 U.S.C. 1254a(b)(5)(A).
Why was El Salvador initially designated for TPS?
On March 9, 2001, the Attorney General published a Notice in the
Federal Register, at 66 FR 14214, designating El Salvador for TPS due
to the devastation caused by a series of severe earthquakes that
occurred on January 13, and February 13 and 17, 2001.
When was the TPS designation for El Salvador extended?
The Attorney General and the Secretary of Homeland Security have
extended the designation for El Salvador five times on the basis that
the conditions warranting the March 9, 2001, designation continued to
be met. See 67 FR 46000 (July 11, 2002); 68 FR 42071 (July 16, 2003);
70 FR 1450 (January 7, 2005); 71 FR 34637 (June 15, 2006); and 72 FR
46649 (August 21, 2007).
Why is the Secretary extending the TPS designation for El Salvador
through September 9, 2010?
Over the past year, DHS and the Department of State have continued
to review conditions in El Salvador. Based on this review, DHS has
determined that an 18-month extension is warranted because there
continues to be a substantial, but temporary, disruption of living
conditions in El Salvador resulting from the series of earthquakes that
struck the country in 2001, and because El Salvador remains unable,
temporarily, to adequately handle the return of its nationals, as
required for TPS designations based on significant earthquake damage.
Section 244(b)(1)(B) of the Act; 8 U.S.C. 1254a(b)(1)(B).
El Salvador has still not completed reconstruction of the
infrastructure damaged by several severe 2001 earthquakes.
Transportation, housing, education, and health sectors are still
suffering from the 2001 earthquakes, the lingering effects of which
limit El Salvador's ability to absorb a large number of potential
returnees. The Salvadoran government assessed that 276,594 houses were
affected by the earthquakes. As of February 2007, 136,988 houses had
been reconstructed or repaired, approximately 50 percent of the total
number destroyed or damaged. A housing program funded by the European
Union was completed in March 2007, with a total of 5,482 houses
constructed. As of June 2008, a housing program funded by the Inter-
American Development Bank (3,500 houses) was underway with completion
anticipated by the middle of 2009. In June 2003, the Salvadoran
legislature approved borrowing $142.6 million for the reconstruction of
seven hospitals. As of June 2008, reconstruction of one of seven main
hospitals was completed. Reconstruction of three others was underway
with completion anticipated by the end of 2008.
Based upon this review, the Secretary has determined, after
consultation with the appropriate government agencies, that the
conditions that prompted the designation of El Salvador for TPS
continue to be met. See section 244(b)(3)(A) of the Act; 8 U.S.C.
1254a(b)(3)(A). There continues to be a substantial, but temporary,
disruption in living conditions in El Salvador as the result of the
series of earthquakes that struck the country in 2001, and El Salvador
continues to be unable, temporarily, to handle adequately the return of
its nationals. See section 244(b)(1)(B) of the Act. On the basis of
these findings and determinations, the Secretary concludes that the
designation of El Salvador for TPS should be extended for an additional
18-month period. See section 244(b)(3)(C) of the Act, 8 U.S.C.
1254a(b)(3)(C). There are approximately 229,000 nationals of El
Salvador (or aliens having no nationality who last habitually resided
in El Salvador) who are eligible for TPS under this designation.
What Actions Should Qualifying Aliens Take Pursuant to This Notice?
To maintain TPS, a national of El Salvador (or an alien having no
nationality who last habitually resided in El Salvador) who was granted
TPS and who has not had TPS withdrawn must re-register for TPS during
the 90-day re-registration period from October 1, 2008 until December
30, 2008. To re-register, aliens must follow the filing procedures set
forth in this Notice. An addendum to this Notice provides instructions
on this extension, including filing and eligibility requirements for
TPS and EADs. Information concerning the extension of the designation
of El Salvador for TPS also will be available at local USCIS offices
upon publication of this Notice and on the USCIS Web site at https://
www.uscis.gov.
Notice of Extension of the TPS Designation of El Salvador
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after
consultation with the appropriate government agencies, that the
conditions that prompted the designation of El Salvador for temporary
protected status (TPS) on March 9, 2001, continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). Accordingly,
I am extending the TPS designation of El Salvador for 18 months from
March 10, 2009, through September 9, 2010.
Dated: August 29, 2008.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing Requirements
Do I need to re-register for TPS if I currently have benefits through
the designation of El Salvador for TPS, and would like to maintain
them?
Yes. If you already have received TPS benefits through the TPS
designation of El Salvador, your benefits will expire on March 9, 2009.
All TPS beneficiaries must comply with the re-registration
requirements, and submit any associated application fees or
applications for waivers of the fees, described in this Notice in order
to maintain TPS benefits through September 9, 2010. TPS benefits
include temporary protection against removal from the United States and
employment authorization during the TPS designation period. Section
244(a)(1) of the Act; 8 U.S.C. 1254a(a)(1). Failure to re-register
without good cause will result in the withdrawal of your temporary
protected status and possibly
[[Page 57130]]
your removal from the United States. Section 244(c)(3)(C) of the Act; 8
U.S.C. 1254a(c)(3)(C).
If I am currently registered for TPS or have a pending application for
TPS, how do I re-register to renew my benefits for the duration of the
extension period?
Please submit the proper forms and fees according to Tables 1 and 2
below. The following are some helpful tips to keep in mind when
completing your application:
All applicants are strongly encouraged to pay close and
careful attention when filling out the required forms to help ensure
that their dates of birth, alien registration numbers, spelling of
their names, and other required information is correctly entered on the
forms.
All questions on the required forms should be fully and
completely answered. Failure to fully complete each required form may
result in a delay in processing of your application.
Aliens who have previously registered for TPS, but whose
applications remain pending, should follow the filing instructions in
this Notice if they wish to renew their TPS benefits.
All TPS re-registration applications submitted without the
required fees will be returned to applicants.
All fee waiver requests should be filed in accordance with
8 CFR 244.20.
If you received an EAD during the most recent registration
period, please submit a photocopy of the front and back of your EAD.
Table 1--Application Forms and Application Fees
------------------------------------------------------------------------
If And Then
------------------------------------------------------------------------
You are re-registering for TPS.. You are applying You must complete
for an extension and file the Form
of your EAD valid I-765,
through September Application for
9, 2010. Employment
Authorization,
with the fee of
$340 or a fee
waiver request.
You must also
submit Form I-
821, Application
for Temporary
Protected Status,
with no fee.
You are re-registering for TPS.. You are NOT You must complete
applying for and file the Form
renewal of your I-765 with no fee
EAD. and Form I-821
with no fee.
Note: DO NOT
check any box for
the question ``I
am applying for''
listed on Form I-
765, as you are
NOT requesting an
EAD benefit.
You are applying for TPS as a You are applying You must complete
late initial registrant (see for a TPS-related and file Form I-
below) and you are between the EAD. 821 with the $50
ages of 14 and 65 (inclusive). fee or fee waiver
request and Form
I-765 with the
fee of $340 or a
fee waiver
request.
You are applying for TPS as a You are applying You must complete
late initial registrant and are for a TPS-related and file Form I-
under age 14 or over age 65. EAD. 821 with the $50
fee or fee waiver
request. You must
also submit Form
I-765 with no
fee.
You are applying for TPS as a You are NOT You must complete
late initial registrant, applying for an and file Form I-
regardless of age. EAD. 821 with the $50
fee or fee waiver
request and Form
I-765 with no
fee.
Your previous TPS application is You are applying You must complete
still pending. to renew your and file the Form
temporary I-765 with the
treatment fee of $340 or a
benefits (i.e., fee waiver
an EAD with request. You must
category ``C-19'' also submit Form
on its face). I-821, with no
fee.
------------------------------------------------------------------------
Certain applicants must also submit a Biometric Service Fee (See
Table 2).
Table 2--Biometric Service Fee
------------------------------------------------------------------------
If And Then
------------------------------------------------------------------------
You are 14 years of age or older 1. You are re- You must submit a
registering for Biometric Service
TPS, or. fee of $80 or a
fee waiver
request.
2. You are
applying for TPS
under the late
initial
registration
provisions, or.
3. Your TPS
application is
still pending and
you are applying
to renew
temporary
treatment
benefits (i.e.,
EAD with category
``C-19'' on its
face).
You are younger than 14 years of 1. You are You do NOT need to
age. applying for an submit a
EAD, or. Biometric Service
fee.
2. You are NOT
applying for an
EAD.
------------------------------------------------------------------------
What editions of Form I-821 and Form I-765 should I submit?
Only versions of Form I-821 dated October 17, 2007 (Rev. 10/17/07),
or later, will be accepted. Only versions of Form I-765 dated May 27,
2008 (Rev. 5/27/08), or later, will be accepted. The revision date can
be found in the bottom right corner of the form. The proper forms can
be found on the Internet at https://www.uscis.gov or by calling the
[[Page 57131]]
USCIS forms hotline at 1-800-870-3676.
Where should I submit my application for TPS?
Please reference Table 3 below to see where to mail your specific
application.
Table 3--Application Mailing Directions
------------------------------------------------------------------------
Or, for courier
If Then mail to deliveries, mail
to
------------------------------------------------------------------------
You are applying for re- U.S. Citizenship U.S. Citizenship
registration or applying to and Immigration and Immigration
renew your temporary treatment Services, Attn: Services, Attn:
benefits. TPS El Salvador, TPS El Salvador,
P.O. Box 8635, 131 S. Dearborn--
Chicago, IL 60680- 3rd Floor,
8635. Chicago, IL 60603-
5517.
You are applying for the first U.S. Citizenship U.S. Citizenship
time as a late initial and Immigration and Immigration
registrant. Services, Attn: Services, Attn:
TPS El Salvador, TPS El Salvador
P.O. Box 8670, [Additional
Chicago, IL 60680- Documents], 131
8670. S. Dearborn--3rd
Floor, Chicago,
IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge or the Board of
Immigration Appeals you must submit evidence of the grant of TPS (such
as an order from the Immigration Judge) with your application. In
addition, when you receive your receipt notice (Form I-797) you will
need to send an e-mail to Tpsijgrant.vsc@dhs.gov that includes the
following information:
Your name;
Your date of birth;
The receipt number for your re-registration;
Your A-number; and
The date you were granted TPS.
Please note that the email address provided above is solely for re-
registration applicants who were granted TPS by Immigration Judges and
by the Board of Immigration Appeals to use to notify USCIS of their
grants of TPS. It is not for individual case status inquiries.
Applicants seeking information about the status of their individual
cases can check Case Status Online available at the USCIS Web site, or
applicants may call the USCIS National Customer Service Center.
Can I file my application electronically?
If you are filing for re-registration and do not need to submit
supporting documentation (see Table 4) with your application, you may
file your application electronically. To file your application
electronically, follow directions on the USCIS Web site at: https://
www.uscis.gov.
How will I know if I need to submit supporting documentation with my
application package?
See Table 4 below to determine if you need to submit supporting
documentation.
Table 4--Who Should Submit Supporting Documentation?
------------------------------------------------------------------------
If Then
------------------------------------------------------------------------
One or more of the questions You must submit an explanation, on a
listed in Part 4, Question 2 of separate sheet(s) of paper, and/or
Form I-821 applies to you. additional documentation must be
provided.
You were granted TPS by an You must include evidence of the
Immigration Judge or the Board of grant of TPS (such as an order from
Immigration Appeals. the Immigration Judge) with your
application package.
------------------------------------------------------------------------
How do I know if I am eligible for late initial registration?
You may be eligible for late initial registration under 8 CFR
244.2. In order to be eligible for late initial registration, you must:
(1) Be a national of El Salvador (or an alien who has no
nationality and who last habitually resided in El Salvador);
(2) Have continuously resided in the United States since February
13, 2001;
(3) Have been continuously physically present in the United States
since March 9, 2001; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not ineligible under section
244(c)(2)(B) of the Act.
Additionally, you must be able to demonstrate that during the
registration period for the initial designation of TPS (March 9, 2001
to September 9, 2002), you:
(1) Were a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(2) 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;
(3) Were a parolee or had a pending request for reparole; or
(4) Are the spouse or child of an alien currently eligible to be a
TPS registrant.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the conditions described above. See 8 CFR 244.2(g). All
late initial registration applications for TPS, pursuant to the
designation of El Salvador, should be submitted to the appropriate
address listed above in Table 3.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and terrorism-related
inadmissibility grounds that render an alien ineligible for TPS. See
section 244(c)(2)(A)(iii) of the Act; 8 U.S.C. 1254a(c)(2)(A)(iii).
Further, aliens who have been convicted of any felony or two or more
misdemeanors committed in the United States are ineligible for TPS
under section 244(c)(2)(B)(i) of the Act, 8 U.S.C. 1254a(c)(2)(B)(i),
as are aliens described in section 208(b)(2)(A) of the Act, 8 U.S.C.
1158(b)(2)(A) (describing the bars to asylum). See section
244(c)(2)(B)(ii) of the Act; 8 U.S.C. 1254a(c)(2)(B)(ii).
If I currently have TPS, can I lose my TPS benefits?
TPS and related benefits will be withdrawn if you:
(1) Are not eligible for TPS,
[[Page 57132]]
(2) Fail to timely re-register for TPS without good cause, or
(3) Fail to maintain continuous physical presence in the United
States. See sections 244(c)(3)(A)-(C) of the Act; 8 U.S.C.
1254a(c)(3)(A)-(C).
Does TPS lead to lawful permanent residence status?
No. TPS is a temporary benefit. Having been granted TPS does not,
of itself, provide an alien with a basis for seeking lawful permanent
resident status. A TPS beneficiary who wants to become a lawful
permanent resident must qualify for this status based on a family
relationship, employment classification, or other generally available
basis for immigration, and must be otherwise admissible as an
immigrant. The alien may need to go abroad to obtain an immigrant visa,
if the alien is not eligible for adjustment of status. If the alien is
subject to any ground of inadmissibility, the alien would need to
obtain any necessary waiver in order to become a lawful permanent
resident.
If I am currently covered under TPS, what status will I have if my
country's TPS designation is terminated?
When a country's TPS designation is terminated, you will maintain
the same immigration status that you held prior to obtaining TPS
(unless that status has since expired or been terminated), or any other
status you may have acquired while registered for TPS. Accordingly, if
you held no lawful immigration status prior to being granted TPS and
did not obtain any other status during the TPS period, you will revert
to unlawful status upon the termination of the TPS designation. Once
the Secretary determines that a TPS designation should be terminated,
aliens who had TPS under that designation, and who do not hold any
other lawful immigration status, must plan for their departure from the
United States.
May I apply for another immigration benefit while registered for TPS?
Yes. Registration for TPS does not prevent you from applying for
non-immigrant status, filing for adjustment of status based on an
immigrant petition, or applying for any other immigration benefit or
protection. Section 244(a)(5) of the Act; 8 U.S.C. 1254a(a)(5). For the
purposes of change of status and adjustment of status, an alien is
considered to be in, and maintaining, lawful status as a nonimmigrant
during the period in which he or she is granted TPS. See section
244(f)(4) of the Act; 8 U.S.C. 1254a(f)(4).
However, if an alien has periods of time when he or she had no
lawful immigration status before, or after, the alien's time in TPS,
those period(s) of unlawful presence may negatively affect that alien's
ability to adjust to permanent resident status or attain other
immigration benefits, depending on the circumstances of the specific
case. See, e.g., section 212(a)(9) of the Act; 8 U.S.C. 1182(a)(9)
(unlawful presence ground of inadmissibility that is triggered by a
departure from the United States). In some cases, the unlawful presence
ground of inadmissibility, or certain other grounds of inadmissibility,
may be waived when an alien applies to adjust to permanent resident
status or for another immigration status.
How does an application for TPS affect my application for asylum or
other immigration benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit. Denial of an application for asylum or
any other immigration benefit does not affect an alien's TPS
eligibility, although the grounds for denying one form of relief may
also be grounds for denying TPS. For example, a person who has been
convicted of a particularly serious crime is not eligible for asylum or
TPS. See sections 244(b)(2)(A)(ii) and 244(c)(2)(B)(ii) of the Act; 8
U.S.C. 1254a(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).
Can nationals of El Salvador (or aliens having no nationality who last
habitually resided in El Salvador) who entered the United States after
February 13, 2001, file for TPS?
No. This extension does not expand TPS eligibility to those who are
not currently eligible. To be eligible for benefits under this
extension, nationals of El Salvador (or aliens having no nationality
who last habitually resided in El Salvador) must have continuously
resided in the United States since February 13, 2001, and have been
continuously physically present in the United States since March 9,
2001. See section 244(c)(1) of the Act, 8 U.S.C. 1254a(c)(1), also 66
FR 14214 (Mar. 9, 2001).
What documents should I bring to my ASC appointment?
TPS re-registrants will receive a notice in the mail with
instructions as to whether or not they will be required to appear at a
USCIS Application Support Center (ASC) for biometrics collection. To
increase efficiency and improve customer service, whenever possible
USCIS will reuse previously-captured biometrics and will conduct
necessary security checks using those biometrics, such that you may not
be required to appear at an ASC. Due to systems limitations, it may not
be possible in every case to reuse biometrics.
However, even if you do not need to attend an ASC appointment, you
are required to pay the separate biometrics fee or submit an
appropriately supported fee waiver request. See 8 CFR 244.6. This fee
will help cover the USCIS costs associated with use and maintenance of
collected biometrics (such as fingerprints) for FBI and other
background checks, identity verification, and document production.
If you are required to report to an ASC, you must bring the
following documents:
(1) Your receipt notice for your re-registration application;
(2) Your ASC appointment notice; and
(3) Your current EAD.
Failure to appear at an ASC for a required ASC appointment will
result in denial of your case due to abandonment unless you submit an
address change notification (see instructions below) or a rescheduling
request prior to your appointment.
If no further action is required for your case, you will receive a
new EAD by mail valid through September 9, 2010. If your case requires
further resolution, USCIS will contact you in writing to explain what
additional information, if any, is necessary to resolve your case. If
your application is subsequently approved, you will receive a new EAD
in the mail with an expiration date of September 9, 2010.
What if my address changes after I file my re-registration application?
If your address changes after you file your application for re-
registration, you must complete and submit Form AR-11 by mail or
electronically. The mailing address is: U.S. Citizenship and
Immigration Services, Change of Address, P.O. Box 7134, London, KY
40742-7134.
Form AR-11 can also be filed electronically by following the
directions on the USCIS Web site at: https://www.uscis.gov. To
facilitate processing your address change on your TPS application, you
may call the USCIS National Customer Service Center at 1-800-375-5283
(TTY 1-800-767-1833) to request that your address be updated on your
application. Please note that calling the USCIS National Customer
Service Center does not relieve you of your burden to properly file a
Form AR-11 with USCIS.
[[Page 57133]]
Will my current EAD that is set to expire on March 9, 2009,
automatically be extended for six months?
No. This Notice does not automatically extend previously-issued
EADs. DHS has announced the extension of the TPS designation of El
Salvador and established the re-registration period at an early date to
allow sufficient time for DHS to process EAD requests prior to the
March 9, 2009, expiration date. You must file during the 90-day re-
registration period. Failure to apply during the re-registration period
without good cause will result in a withdrawal of your TPS benefits.
DHS strongly encourages you to file as early as possible within the re-
registration period.
May I request an interim EAD at my local District Office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at District Offices. Interim EADs may only be issued by the
Vermont Service Center.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9?
After March 9, 2009, a TPS beneficiary under TPS for El Salvador
who has timely re-registered with USCIS as directed under this Notice
and obtained a new EAD may present his or her new valid EAD to his or
her employer as proof of employment authorization and identity.
Employers may not accept previously issued EADs that are no longer
valid. Individuals also may present any other legally acceptable
document or combination of documents listed on the Form I-9 as proof of
identity and employment eligibility.
Note to Employers: Employers are reminded that the laws
requiring employment eligibility verification and prohibiting unfair
immigration-related employment practices remain in full force. This
Notice does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules
setting forth re-verification requirements. For questions, employers
may call the USCIS Customer Assistance Office at 1-800-357-2099.
Also, employers may call the U.S. Department of Justice Office of
Special Counsel for Immigration Related Unfair Employment Practices
(OSC) Employer Hotline at 1-800-255-8155. Additional information is
available on the OSC Web site at https://www.usdoj.gov/crt/osc/
index.html.
[FR Doc. E8-22979 Filed 9-30-08; 8:45 am]
BILLING CODE 9111-97-P
