20 May 2010
Applications to USCIS usually require fees to be included in order to be processed. However, in certain circumstances, USCIS may allow for fees to be waived.
In order to get a fee waiver for a TPS application, USCIS has provided guidance on what should be included in the written statement requesting the waiver.
The key points that should be included in the written statement are:
- A statement indicating that “under penalty of perjury, the foregoing statements are true and correct.”
- specific reasons why you are unable to pay the fee
- a list of all of your assets, including property owned
- your monthly income for at least 3 months prior to submission of the form
- your monthly bills and other required expenditures
- a list of dependents in the United States, including street addresses and relationship to you, and any income that they earn or receive
- information about any public benefits you receive, such as Medicaid, welfare, or house assistance
- any other information relating to humanitarian considerations, such as age, disability, homelessness
For more information, please click here.
Many immigrants in the United States on Temporary Protective Status may have problems proving their legal status, and thus ability to work, because of expired EAD card. Typically, when an immigrant has been granted TPS and an accompanying EAD card, the EAD card will indicate that the expiration date is the same as when time period of the designated country has expired. However, often times, the United States will grant extensions for TPS status, thus allowing immigrant to continue to stay in the country past the date listed on their EAD card. Employers however, will require proof of legal status and ability to work when filling about a Form I-9.
For the purposes of an I-9, USCIS has issued a report staying that employers must accept expired EAD cards after DHS has announced an auto-extension of TPS. So long as the card reasonably appears to be genuine and seems to match the person presenting it, it should be deemed acceptable. However, this will only apply to cards that have been expired due to auto-extension; any non-auto-extension will still require the immigrant to re-register with DHS for TPS status, or else work authorization will expire as well.
For more information about documentation requirements, click here.
For more information about TPS in general, click here.
18 May 2010
DHS granted an extension for Temporary Protected Status (TPS) for Hondurans, allowing them to maintain legal status through January 5, 2012. Hondurans were originally granted TPS status in 1999, following a devastating Hurricane in 1998, which left thousands dead and millions homeless. At the time, the Honduran President Flores claimed it destroyed fifty years of progress to the country, because of massive damage to the infrastructure, including the transportation and communication networks. This year, DHS reviewed the current conditions of the country and determined that Honduras is still not able to adequately handle the return of its nationals.
What does this mean for Hondurans who are currently in the United States? All Hondurans who currently have the benefit of TPS in the United States will have this benefit expire on July 6, 2010 and thus they must re-register with DHS in order to extend their status. Re-registration requires filing an I-821 and an I-765. This includes complying with the biometrics service fee and EAD application fee. Once this has been complied with, TPS status will be good through January 5, 2012. However, failure to comply before July 6, 2010 will result is a withdrawal of TPS. This could result in being subjected to removal from the United States, and thus must be addressed in a timely fashion.