Yesterday I reported that the U.S. Department of Homeland Security (DHS) had decided to extend the Temporary Protected Status (TPS) program for El Salvador.
Today the DHS published an official notice in the Federal Register and provided instructions on the re-registration process. A copy of the official notification for El Salvador can be read here. here.
It is estimated that there are approximately 212,000 Salvadorans currently protected under TPS who may be eligible for TPS re-registration.
Salvadorans who are already registered will be able to legally remain in the United States for another 18 months from September 10, 2013 through March 9, 2015. In addition, the validity of work permits under TPS that expire on September 9, 2013 will be automatically extended until March 9, 2014.
The re-registration period begins today, May 30 and ends July 29, 2013. If you do not register during the re-registration period, you may lose your TPS.
It is important to emphasize that although there is much talk that immigration reform will be passed this year, there is still no certainty. Even if a reform is approved, it is not known how long it could take for a law to go into effect. Therefore, all Salvadorans eligible for TPS should re-register so as not to lose their legal status while we await a change in immigration laws that will provide a definitive path to permanent residency.
To re-register, Salvadorans must submit Forms I-821 and I-765 and send the corresponding fees to USCIS.
I recommend that you file electronically (e-filing). This way you will get an immediate receipt and avoid the possibility of the application getting lost in the mail. This option is not available for late initial enrollment or late re-enrollment.
Re-registration fees are $$85 for fingerprinting (children under 14 are exempt) and $$380 for a work permit, if needed.
If you need to renew your work permit, submit your renewal application immediately so that USCIS will provide you with a new work permit before September 9, 2013 when the current permit expires. Print a copy of the official notification of the extension of TPS in case your employer needs to verify that your work permit has been automatically extended.
If you do not have enough money to file because you are unemployed, earn below the poverty level, or receive public benefits such as Medi-Cal, Medicaid, or food stamps, you may be eligible to apply for a fee waiver using Form I-912.
Persons who have been convicted of two misdemeanors or one felony are not eligible for TPS. Examples of misdemeanors are drunk driving and committing acts of domestic violence, among others. Consult with an immigration attorney before submitting your re-registration if you have been arrested or found guilty of any crime, including driving without a license.
Salvadorans never before registered for TPS may be eligible for late registration if they meet the proper requirements. One of them is to demonstrate that they have lived in the United States continuously since February 13, 2001 and have been physically present in the country since March 9, 2001.
TPS does not lead to permanent residency in the United States. Someday the program will end. When that happens, you will revert to the immigration status you had before, such as being undocumented. If you have no other legal option to stay in the United States, you will be subject to removal from the country.
Consult with an immigration attorney as soon as possible to evaluate your legal options for permanent residency.
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