TPS Extended For Nationals Of El Salvador, Somalia, Liberia; Validity Of Salvadoran EADs Automatically Extended

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

TPS EXTENDED FOR NATIONALS OF EL SALVADOR, SOMALIA, LIBERIA; VALIDITY OF SALVADORAN EADs AUTOMATICALLY EXTENDED
Immigrants' Rights Update, Vol. 17, No. 5, September 4, 2003

The secretary of Homeland Security has published separate notices in the Federal Register extending the designations of El Salvador, Somalia, and Liberia as countries whose nationals and residents currently in the United States qualify for temporary protected status (TPS).

The designation of El Salvador, which had been due to expire on Sept. 9, 2003, will be in effect a further 18 months, until Mar. 9, 2005. A 60-day reregistration period began July 16, 2003, and will remain in effect until Sept. 15, 2003. Because of the large number of Salvadorans affected by the extension and the likelihood that many will not be able to receive new employment authorization documents (EADs) under the extension until after their current ones expire, the notice also extends the validity of these EADs a further six months, until Mar. 9, 2004.

Separate notices extend the designation for Somalia, which had been due to expire on Sept. 17, 2003, to Sept. 17, 2004, and for Liberia, which had been due to expire on Oct. 1, 2003, to Oct. 1, 2004. The 60-day reregistration period for Somalian TPS began July 21, 2003, and will remain in effect until Sept. 19, 2003. The reregistration period for Liberian TPS began on Aug. 6, 2003, and will end on Oct. 6, 2003.

TPS is granted to persons in the U.S. from countries that are designated because they are experiencing armed conflict, environmental disaster, or certain other conditions that prevent the return of their nationals. TPS allows individuals to remain and work in the U.S. during the period of TPS designation.

The attorney general designated El Salvador for TPS in March 2001, following a series of severe earthquakes that left over one fourth of the country's population without adequate housing, and the designation was subsequently extended. The authority to make TPS designations was transferred to the secretary of Homeland Security as part of the legislation creating that department, and the secretary has now decided to extend the designation for El Salvador for a further 18 months. The notice explains that "the economy of El Salvador is not yet stable enough to absorb returnees from the United States should TPS not be extended." The attorney general first designated Somalia for TPS in Sept. 1991 because of ongoing armed conflict in Somalia. Subsequently the designation was extended annually, and in Sept. 2001 the attorney general redesignated the country for TPS, allowing later arrivals from Somalia to be included. The current notice extending the designation for Somalia explains that continuing armed conflict in the country continues to justify the TPS designation.

The attorney general designated Liberia for TPS on Oct. 1, 2002, because of ongoing armed conflict in Liberia, and the secretary of Homeland Security is extending the designation for the same reason.

To register for the extension for Salvadorans, nationals of El Salvador (and individuals of no nationality who last habitually resided in El Salvador) previously granted TPS must apply for it during the registration period that began on July 16, 2003, and ends on Sept. 15, 2003. Nationals of Somalia (and individuals of no nationality who last habitually resided in Somalia) previously granted TPS must apply for the Somalian extension during the registration period that began on July 21, 2003, and ends on Sept. 19, 2003. And nationals of Liberia (and persons of no nationality who last habitually resided in Liberia) must apply for the extension between Aug. 6 and Oct. 6, 2003. Such persons need only file Form I-821, Application for Temporary Protected Status (without the filing fee), Form I-765, Application for Employment Authorization, and two identification photographs (1½" x 1½").

Applicants who seek work authorization under any of the extensions must submit the $120 filing fee or a fee waiver request with the Form I-765; those who do not need work authorization must still submit Form I-765, but without the fee. Applicants who previously registered for TPS and were fingerprinted do not need to be refingerprinted and do not need to submit the $50 fingerprinting fee. Prior registrants who were not previously fingerprinted because they were under 14 years of age but who now must be fingerprinted also must pay this fee.

Applicants for TPS from El Salvador must submit their applications to the Bureau of Citizenship and Immigration Services (BCIS) service center having jurisdiction over the applicant's place of residence. Applicants for TPS from Somalia or Liberia must submit their applications to the BCIS district office having jurisdiction over the applicant's place of residence.

Late initial registration is also available under the extension. In order to apply, an applicant must:

be a national of El Salvador, Somalia, or Liberia (or a person with no nationality who last habitually resided in one of these countries);
have been continuously physically present in the U.S. (for Salvadorans, since Mar. 9, 2001; for Somalis, since Sept. 4, 2001; and for Liberians, since Oct. 1, 2002);
have continuously resided in the U.S. (for Salvadorans, since Feb. 13, 2001; for Somalis, since Sept. 4, 2001; and for Liberians, since Oct. 1, 2002); and
be admissible as an immigrant, except as otherwise provided under Immigration and Nationality Act sec. 244(c)(2)(A), and not ineligible under INA sec. 244(c)(2)(B).

Each applicant for late initial registration must also be able to show that during the initial registration period (for Salvadorans, from Mar. 9, 2001, through Sept. 9, 2002; for Somalis, from Sept. 4, 2001, through Sept. 17, 2002; and for Liberians, from Oct. 1, 2002, through April 1, 2003), he or she:

was a nonimmigrant or had been granted voluntary departure status or any relief from removal;
had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal pending or subject to further review or appeal;
was a parolee or had a request for reparole pending; or
was the spouse or child of an individual currently eligible to be a TPS registrant.

The notice extending TPS for Salvadorans also extends the validity of EADs that were issued pursuant to the TPS program for an additional six months. The automatic extension applies to EADs bearing a Sept. 9, 2003, expiration date that were issued on either (1) Form I-766 with the notation "A-12" or "C-19" on the face of the card under "Category," or (2) Form I-688B with the notation "274A.12(A)(12)" or "274A.12(C)(19)" on the face of the card under "Provision of Law." This extension is automatic, but individuals having such EADs still must reregister for TPS during the 60-day registration period in order to obtain an EAD valid until Mar. 9, 2005 under the new extension.

68 Fed. Reg. 42071-74 (July 16, 2003) (El Salvador);
68 Fed. Reg. 43147-50 (July 21, 2003) (Somalia).