The US Department of Homeland Security has issued guidance on how nationals of Haiti and El Salvador can apply for the final extension of Temporary Protected Status (TPS) that was announced earlier this month.
Current TPS beneficiaries seeking to extend their TPS must re-register before March 19, 2018. The Federal Register notice on El Salvador explains that
"Through operation of this Federal Register notice, your existing EAD issued under the TPS designation of El Salvador with the expiration date of March 9, 2018, is automatically extended for 180 days, through September 5, 2018. You do not need to apply for a new EAD in order to benefit from this 180-day automatic extension."
The wording for Haiti is almost identical:
Through operation of this Federal Register notice, your existing EAD issued under the TPS designation of Haiti with the expiration date of January 22, 2018, is automatically extended for 180 days, through July 21, 2018.
However, we recommend that people do apply for a new EAD, to avoid the need to explain the automatic extension to employers, driver's licence offices, etc. The FR notice describes how to explain the extension to employers until a new EAD arrives.
To re-register, current TPS beneficiaries must submit:
Applicants may request a waiver of the government fees with evidence of inability to pay. To do so, applicants must file a Form I-912, Request for Fee Waiver, or submit a written request. Fee waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee waiver request.
All USCIS forms are free. Applicants can download these forms from the USCIS website at uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.
USCIS page for El Salvador TPS:
USCIS page for Haiti TPS
On January 8, 2018, the US government announced that it would be ending Temporary Protected Status (TPS) for nationals of El Salvador.
Congress created TPS in the Immigration Act of 1990. It is a temporary immigration status provided to nationals of specific countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and stay of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation.
Countries may receive TPS for various reasons, such as :
El Salvador was designated for TPS after the devastating 2001 earthquakes TPS has been extended multiple times since the original designation, and the last period ends in March 2018. The status is now ending on September 19, 2019. Salvadorans with TPS must re-register for TPS and apply for Employment Authorization Documents in order to legally work in the United States until the terminations date of Sept. 9, 2019. Exact procedures for extending TPS have not been published, so stayed tuned to this blog for more information as it emerges.
According to the US statement:
Following the 2001 earthquake, El Salvador received a significant amount of international aid to assist in its recovery efforts, including millions of dollars dedicated to emergency and long-term assistance. Many reconstruction projects have now been completed. Schools and hospitals damaged by the earthquakes have been reconstructed and repaired, homes have been rebuilt, and money has been provided for water and sanitation and to repair earthquake damaged roads and other infrastructure. The substantial disruption of living conditions caused by the earthquake no longer exist.
The end of TPS will affect almost 200,000 Salvadoreans living across the US, forcing them to face possible deportation or separation from their families. Many of these Salvadorans have US citizen children who are eligible to stay in the US, but may be far too young to be separated from parents.
Salvadoreans with Temporary Protected Status are established in large numbers in California, Texas and around the US capital, Washington DC.
According to the Center for Migration Studies, they represent more than 135,000 households across the country, with a quarter of them home-owners. In addition,
Elaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country.