In this week's Consulta Migratoria® column I answer the question of a Honduran who wants to re-register for TPS.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
This is the column:
I am from Honduras and my work permit through TPS expires in January 2018. How can I renew it? -Ernesto C.
Ernesto, you and thousands of immigrants under Temporary Protected Status (TPS) have been waiting to find out how to re-register since the U.S. government last month eliminated the program for Nicaraguans, granting a grace period to settle their affairs in the country, and only extended it for six more months for Hondurans.
The Department of Homeland Security (DHS) will publish the official notice detailing the procedures for Hondurans and Nicaraguans to re-register for TPS and renew their work permits in the United States. Federal Register Friday, December 15, 2017.
You have a greater advantage, as DHS extended TPS for Honduras until July 5, 2018, benefiting the approximately 86,000 Hondurans in the country. It is not yet known what will happen at the end of that period.
In contrast, the elimination of TPS for Nicaragua will affect approximately 5,300 immigrants from that country. The DHS directive includes a 12-month deadline, until January 5, 2019, for Nicaraguans to identify and apply for another immigration benefit that would allow them to remain in the United States or prepare for their return to Nicaragua.
TPS re-registration process for Hondurans and Nicaraguans
Ernesto, to re-register, you will have to submit the following forms I-821 e I-765 and send the corresponding fees to the United States Citizenship and Immigration Services (USCIS). All Hondurans and Nicaraguans must follow the same process.
The re-registration period begins on Friday, December 15, 2017 and ends on Tuesday, February 13, 2018. If you do not register during the re-registration period, you could lose your TPS.
In the meantime, the validity of work permits under TPS from Honduras and Nicaragua that expire on January 5, 2018 will be automatically extended until July 4, 2018.
If you do not have enough money to file because you are unemployed, earn below the poverty level, or receive public benefits such as Medicaid, Medi-Cal, or food stamps, you may be eligible to apply for a fee waiver.
If you need to renew your work permit, submit your renewal application immediately so that USCIS can issue you a new work permit. formerly July 4, 2018 when the current permit expires.
Print a copy of the official TPS extension notice in case your employer needs to verify that your work permit has been automatically extended.
I remind you that people who have been found guilty of two misdemeanor crimes or one felony crime no are 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.
The TPS no leads to permanent residency in the United States. Someday the program will end.
Consult with an immigration attorney as soon as possible to evaluate your legal options for permanent residency.