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TPS Re-Registration Period for HAITI and EL SALVADOR

January 20, 2018

TPS Re-Registration Period for HAITI and EL SALVADOR

Author: New York Immigration Attorney Alena Shautsova

Recently, DHS announced that El Salvador and Haiti will lose TPS protection. It means that hundreds of Haitians and Salvadorians will have to find a different way to stay in the US legally or depart the US.

The US government, however, provided one last extension of TPS for both countries.  TPS for El Salvador is set to expire on September 9, 2019; and for Haiti on July 22, 2019.

It is important that persons who hold TPS currently apply for re-registration timely, not to lose their status before its expiration. the re-registration period for El Salvador  and Haiti is  January 18, 2018 – March 19, 2018. 

Some TPS holders who timely applied for the re-registration for Haitian TPS are still waiting for the decisions on their re-registration applications from 2017. In such cases, a person does not have to submit a new application. But only if the re-registration was applied timely in 2017.

USCIS will issue new EADs with a July 22, 2019 expiration date to eligible Haitian TPS beneficiaries who timely re-register and apply for EADs; the same goes for Salvadorians (the effective expiration day of their EADs would be September 9, 2019).

Existing EADs 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. One does not need to apply for a new EAD in order to benefit from this 180-day automatic extension. However, if one wants to obtain a new EAD valid through July 22, 2019, he/she must file an Application for Employment Authorization (Form I–765) and pay the Form I–765 fee.

The same is true for Salvadorians, only their EADs have a different expiration date according to the Federal notices.   DHS automatically extends the validity of EADs issued under the TPS designation of El Salvador for 180 days, through September 5, 2018.

For possible Immigration solutions related to the termination of the TPS status, please visit: https://www.shautsova.com/law-publications/solutions-haiti-tps-holders.html#.WmKglKinE2w.

 

 

 

 

TPS holders Can Adjust in the 9th Circuit (Alaska, California, Arizona, Hawaii)

March 31, 2017

TPS holders Can Adjust in the 9th Circuit (Alaska, California, Arizona, Hawaii)

 

Author: Immigration lawyer Alena Shautsova

 

TPS or temporary protected status is a form of deferred action. One can receive it, if otherwise is qualified, even if he/she entered the country illegally. There is a long lasting dispute whether those who receive TPS are “inspected and admitted” and can adjust their status to permanent residency.

Now, in Ramirez, et al. v. Brown, et al., 3/31/17, the 9th Circuit court holds that TPS is an admission. In 2013, the 6th Circuit court reached the same conclusion in  Flores v. USCIS.

In analyzing the language of the statute regarding TPS, the court held:

“Employing the traditional canons of statutory construction at step one, we conclude that § 1254a(f)(4) unambiguously treats aliens with TPS as being “admitted” for purposes of adjusting status. Because the statutory language is clear, that ends the inquiry: the agency has no interpretive role to play but must instead follow the congressional mandate. Chevron, 467 U.S. at 842–43 & n.9; see I.N.S. v. Cardoza-Fonseca, 480 U.S. 421, 446 (1987).”

In its decision, the court also mentioned the decision from the 11th Circuit, where the court reached an opposite conclusion (that a TPS recipient cannot adjust). The court stresses, however, that a mere existence of a different opinion does not invalidate their analysis.

 

It seems that now, it would be up to the Supreme Court to decide the issue of the TPS holders, and resolve the split between the courts. Until then, applicants in the 6ht and 9th circuits should be able to receive positive decisions on their I 485 if they are beneficiaries of TPS.

 

The United States Court of Appeals for the Ninth Circuit has jurisdiction over the district courts in the following districts

 

  • District of Alaska.
  • District of Arizona.
  • Central District of California.
  • Eastern District of California.
  • Northern District of California.
  • Southern District of California.
  • District of Hawaii

 

 

The United States Court of Appeals for the Sixth Circuit has jurisdiction over the district courts in the following districts:

 

 

 

F-1 NEPALI STUDENTS EAD

November 10, 2015

F-1 NEPALI STUDENTS EAD

Author: New York Immigration attorney Alena Shautsova

The devastating earthquake in Nepal   and its consequences affected its citizens all round the world. The U.S. government first announced that Nepali nationals will be able to apply for  TPS status in the U.S..

Now, the DHS announced that F-1 Nepali students will be able to qualify for employment authorization easier: as long as Nepali students would maintain minimum  full course requirement and experience severer economic hardship. Specifically, undergraduate students who receive on-campus or off-campus employment authorization under this notice must remain registered for a minimum of six credit hours of instruction per academic semester. A graduate-level F–1 student who receives on-campus or off-campus employment authorization under this notice must remain registered for a minimum of three credit hours of instruction per academic semester. See 8 CFR 214.2(f)(5)(v).

Other requirements that Nepali student must meet:
(1) An applicant should be a  citizen of Nepal;
(2) An applicant should be lawfully present in the United
States in F–1 nonimmigrant status on April 25, 2015, under section 101(a (15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);
(3) An applicant should be enrolled in a school that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F–1 students;
(4) An applicant should be  currently maintaining F–1 status; and
(5) should experience severe economic hardship as a direct result of the damage caused by the earthquake of April 25, 2015.

Those who already hold an employment authorization, will be able to benefit from the new changes as well. These changes will remain in effect (as of now) until December 24, 2016.

For more information, please contact our office at 917-885-2261.

TPS Holders May Adjust Their Status To LPR Says 6th Circuit

June 5, 2013

Holders of the TPS who entered the US without inspection (EWI) may nevertheless successfully adjust their status to one of a permanent resident…  Flores v. USCIS, (June 4, 2013 6th Cir). The 6th Circuit rejected long standing government position that the holders of the TPS status who came to the US without inspection may not adjust their status to LPR even if subsequently they marry a US citizen.
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Haiti TPS Registration Period Extended

December 31, 2012

On October 1, 2012, the Secretary of Homeland Security (Secretary) extended the designation of Haiti for Temporary Protected Status (TPS) for a period of 18 months by notice in the Federal Register. The Department of Homeland Security (DHS) established a 60- day re-registration period from October 1, 2012 through November 30, 2012. Due to the effects of Hurricane Sandy on many Haiti TPS beneficiaries’ ability to timely file for re-registration, DHS is extending the re- registration period through January 29, 2013.

It is very important that you prepare a quality application, because even though you may have been granted the status in the past, the USCIS does not have to re-grant your status, and may deny your application if you fail to prove the continuous residency requirement. If your application is denied, you may appeal the USCIS decision and/ or file a motion to reopen to present missing/new evidence.

The form for the Haiti TPS status may be found here.

If you need help of experienced Immigration New York lawyer, call 917-885-2261.

Can I Travel Outside The US With Advance Parole

December 18, 2012

A holder of the TPS status is allowed to apply for advance parole: a document authorizing the alien to travel abroad and return to the United States.

Section 212(d)(5) of the Immigration and Nationality Act (“INA”) grants the Attorney General authority to parole into the United States aliens seeking admission “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” 8 CFR § 212.5(f) authorizes USCIS to grant advance parole to aliens who will travel without a visa, by issuing “an appropriate document authorizing travel.”

The significance of the parole is that if a person entered without inspection, received a TPS or DACA status, traveled on parole and was in fact paroled back to the US, the person is no longer an EWI, and, can adjust status to one of the permanent resident.

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