A District Court out of Minnesota recently issued a significant decision regarding the eligibility of those who hold Temporary Protected Status ("TPS") to adjust status in the US notwithstanding a prior lack of entry. This case, Bonilla vs. Johnson, et. al, follows the logic of a similar Circuit case (Flores v. USCIS) that holds that the plain language of 8 USC 1254a(f)(4) clearly allows an individual who is granted TPS to satisfy the inspection and entry requirement for adjustment of status. The section says, in part: "for purposes of adjustment of status under section 1255 of this title and change of status under section 1258 of this title, the alien shall be considered as being in, and maintaining, lawful status as a nonimmigrant." The government argued, unsuccessfully, that a grant of TPS did not constitute inspection and entry for purposes of adjustment. The Court held otherwise, noting that the statute was clear and unambiguous.
The new form to renew Deferred Action for Childhood Arrivals (otherwise known as "DACA") is now out. The I-821D (version 6/04/14) will be used to process both initial as well as renewal applications.
Time flies. The Deferred Action for Childhood Arrivals Program (DACA) has recently celebrated its one year anniversary already. An approved DACA application brings with it temporary protected legal status and work authorization. The requirements are as follows:
This week, the Department of Homeland Security announced an extension of TPS or Temporary Protected Status for nationals of Haiti. According to the public release, the extension period will begin next year, January 23, 2013, and end on July 22, 2014. Those who currently have TPS as Haitians who wish to extend their TPS status must re-register during the sixty day reregistration period that runs through November 30, 2012. It is important to note that individuals who have not continuously resided in the US since January 12, 2011, will not be eligible. According to USCIS, "Temporary Protected Status (TPS) is a temporary immigration benefit that allows qualified individuals from designated countries (or parts of those countries) who are in the United States to stay here for a limited time period. A country may be designated for TPS by the Secretary of Homeland Security based on certain conditions in the country that temporarily prevent the country's nationals from being able to return safely, or in certain circumstances, the country's government from being able to handle their return adequately. A TPS country designation may be based on on-going armed conflict, environmental disaster, or other extraordinary and temporary conditions in the country."
USCIS recently announced that Somalia has been re-designated for TPS or Temporary Protected Status. TPS for nationals of Somalia will be extended from September 18, 2012 through March 17, 2014. For those who already have TPS status, the re-registration period runs from May 1, 2012 to July 2, 2012. For those Somalis who do not have TPS status currently, individuals may submit applications during the re-designation period which runs from May 1, 2012 through October 29, 2012. More information can be found on the USCIS website. The link is http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=928f3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=928f3e4d77d73210VgnVCM100000082ca60aRCRD.
Last week, USCIS extended Temporary Protected Status (or "TPS") for nationals of El Salvador. The extension will run an eighteen additional months from March 10, 2012 to September 9, 2013. In order to be granted protection under this program, eligible nationals from El Salvador must re-register during the re-registration period. (If an individual is not currently registered for TPS, he/she might want to consult with an attorney or USCIS to see whether he/she qualifies under "late registration".) As with other TPS eligible countries, re-registrants may also apply for a work authorization card. Applicants should note that the Federal Register erroneously indicates that the re-registration period is from January 9 to March 9, 2012. The correct dates are January 9 thru March 12, 2012. Obviously, applicants should not wait to the last second to apply.
Re-registration for TPS for nationals of Honduras and Nicaragua ends on July 5, 2012. If you currently have Temporary Protected Status as a person from Honduras and Nicaragua, it is extremely important that you re-register with USCIS in order to continue your protected status. As reported earlier in our New Jersey Immigration Lawyers Blog, TPS for Hondurans and Nicaraguans will be extended for an additional eighteen months from January 8, 2012 to July 5, 2013, provided that you are registered. More information can be found on the USCIS website. Alternatively, one should seek the advice of a qualified immigration attorney.
USCIS recently announced that it has extended TPS (Temporary Protected Status) for nationals of Honduras and Nicaragua. TPS has now been extended from January 6, 2012 to July 5, 2013. Current Honduran and Nicaraguan TPS holders must re-register during the sixty re-registration period that began on November 4, 2011 and expires January 5, 2012. In order to re-register, applicants must complete and submit Forms I-821 and I-765.
Citizens or nationals of Haiti under a grant of Temporary Protected Status, or TPS, are required to re-register during the applicable re-registration period in order to maintain their protected status. The Re-registration period for Haitians is August 23, 2011! (Those applying for initial registration have until November 15, 2011.) Those wishing to re-register must file Form I-821 and I-765 with the applicable filing fees. For those who have not re-registered, they might want to consider e filing in order to register before the deadline closes. While TPS does not confer permanent residence, it does protect applicants from removal proceedings and detainment, in addition to allowing them to work and in some cases, travel.
An extremely beneficial information session for those interested in learning more about the procedure for the re-designation of Haiti Temporary Protected Status (TPS) is being held by the U.S.C.I.S. Newark Field Office on Friday, June 24th, at 10:00 am, at the Hispanic Affairs and Resource Center of Monmouth County, located in Asbury Park, NJ. As reported earlier in this blog, the Department of Homeland Security recently announced an extension of Haitian TPS for qualifying Haitians until January 2013.