Visa Lawyer Blog

Articles Posted in I-821

by

venezuela-646973_1280

We are pleased to report that the Department of Homeland Security recently issued a notice in the Federal Register extending Venezuela’s designation for Temporary Protected Status (TPS) for an 18-month period.

Those who qualify will be eligible to apply for an Employment Authorization Document (EAD) that is valid for the duration of the TPS designation.

Who qualifies?

You may be eligible to apply for TPS under Venezuela’s 2023 designation if you continuously resided in the United States on or before July 31, 2023, and have been continuously physically present in the United State on or before October 3, 2023.

However, if you arrived in the United States after July 31, 2023, you are ineligible for TPS.

It is estimated that Venezuela’s redesignation will allow approximately estimated 472,000 additional Venezuelan nationals to file an initial TPS application. Approximately 243,000 current beneficiaries will be allowed to retain their TPS benefits upon their re-registration.

Continue reading

by

woman-7220251_1280

In this post, we share with you some great news for Ukrainian nationals under Temporary Protected Status (TPS) in the United States.

The Department of Homeland Security has made the decision to extend Temporary Protected Status for Ukrainian nationals currently receiving protections under the program for 18 months from October 20, 2023 through April 19, 2025.

A notice has been published in the Federal Register with information about how to register for TPS under Ukraine’s designation.

The main benefit of applying for TPS protections is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

The registration process for Ukraine began on August 21, 2023, and will end on April 19, 2025.

Extension of Designation of Ukraine for TPS

On August 18, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Ukraine. This extension and re-designation will be in effect from October 20, 2023, through April 19, 2025 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Ukraine, and the expansion of Russia’s military invasion that has created a humanitarian crisis, preventing Ukrainians from safely returning.

The extension of TPS for Ukraine will allow approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they re-register and continue to meet TPS eligibility requirements.

Continue reading

by

somalia-g25c4dfb2a_1280

In this post, we share with you some great news for Somalian nationals under Temporary Protected Status (TPS) in the United States.

The Biden administration has made the decision to extend Temporary Protected Status for Somalian nationals currently receiving protections under the program for 18 months from March 18, 2023 through September 17, 2024.

A notice has been published in the Federal Register with information about how to register for TPS under Somalia’s designation.

The main benefit of applying for TPS protections is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

The registration process for Somalia began on Monday, March 13, 2023 and will end on May 9, 2023.

Extension of Designation of Somalia for TPS

On January 12, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from March 18, 2023, through September 17, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

The extension of TPS for Somalia will allow approximately 430 current beneficiaries to retain TPS through September 17, 2024, if they re-register and continue to meet TPS eligibility requirements.

Continue reading

by

yemen-g4f3484adf_1280

In this blog post, we share with you an important announcement from the United States Citizenship and Immigration Services (USCIS).

On December 30, 2022, the Department of Homeland Security announced an extension of Temporary Protected Status (TPS) benefits for Yemeni nationals for an 18-month period beginning from March 4, 2023, through September 3, 2024.

The Biden administration has made the decision to extend Temporary Protected Status for Yemeni nationals due to ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning to their home country.

This means that Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who are residing in the United States as of December 29, 2022, are eligible for Temporary Protected Status under Yemen’s designation.

Existing beneficiaries of TPS may re-register for benefits during the 60-day re-registration period that runs from January 3, 2023, through March 4, 2023.

Those who do not currently have TPS but who qualify for TPS benefits can register from January 3, 2023 through September 3, 2024.

It is important for re-registrants to timely re-register during the registration period and not wait until their Employment Authorization Documents (EADs) expire, as delaying reregistration could result in gaps in their employment authorization documentation.

The main benefit of applying for TPS is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

Continue reading

by

venezuela-g23fe78edf_1280

Welcome back to Visalawyerblog! We hope you had a wonderful weekend.

In this blog post, we share with you some exciting news for Venezuelan nationals receiving benefits under the Temporary Protected Status (TPS) program.

The Biden administration has made the decision to extend Temporary Protected Status for Venezuelan nationals currently receiving protections under the program until March 10, 2024. In addition, the re-designation means that certain eligible Venezuelan nationals will be able to apply for TPS protections for the first time.

The main benefit of applying for this program is that those who are approved for Temporary Protected Status can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

How did this all happen?

Extension of Designation of Venezuela for TPS

On July 11, 2022, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Venezuela. This extension and re-designation will be in effect from September 10, 2022, through March 10, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing conflict in Venezuela, lack of access to food, water, healthcare, and other conditions.

Mayorkas found that these circumstances ultimately prevented Venezuelan nationals from safely returning to their home country stating, “After careful consideration, and in consultation with the Secretary of State, today I am extending that designation. This action is one of many ways the Biden administration is providing humanitarian support to Venezuelans at home and abroad, together with our regional partners. We will continue to work with our international partners to address the challenges of regional migration while ensuring our borders remain secure.”

Currently, there are an estimated 343,000 individuals potentially eligible for TPS under the existing designation of Venezuela. The program’s extension will mean that these beneficiaries can re-register for benefits and retain TPS status through March 10, 2024, so long as they can demonstrate that they continue to meet the TPS eligibility requirements.

Continue reading

by

video-conference-ge289039f6_1920

Are you a national of Cameroon interested in applying for Temporary Protected Status (TPS)?

Then you may be interested to know that the U.S. Citizenship and Immigration Services (USCIS) will be hosting a webinar on Thursday September 8, 2022, from 2 to 3 pm Eastern Time all about the application criteria. As previously reported, beginning April 15, 2022, DHS designated Cameroon for TPS benefits for a period of 18 months. The registration period is set to close on December 7, 2023.

Individuals eligible for TPS under Cameroon’s designation must have continuously resided in the United States since April 14, 2022 and demonstrate continuous physical presence in the United States since June 7, 2022.

Any nationals of Cameroon who attempt to travel to the United States after April 14, 2022, will not be eligible for Temporary Protected Status.

TPS applicants must meet all eligibility requirements and undergo security and background checks to gain approval.

What will be discussed during the webinar session?

During the webinar, USCIS will provide an overview of the designation of Cameroon for TPS and then hold a question-and-answer session. USCIS cautions the public that it will not be addressing case-specific questions, questions outside the scope of the engagement, or issues under active litigation.

To Register for the Webinar:

  1. Individuals must visit the registration page.
  2. You will be asked to provide your email address and select “Submit.”
  3. On the next screen, you will see a notification that you successfully subscribed to this event.

Once your registration is complete, you will receive a confirmation email with additional details.

If you have not received a confirmation email within three business days, you may email at public.engagement@uscis.dhs.gov.

For more information about Cameroon’s TPS designation please click here.

Continue reading

by

cameroon-gb09ec5340_1280

We kick off the start of a brand new week, with exciting news for nationals of Cameroon. As you may recall, on April 15, 2022, Secretary Alejandro Mayorkas first announced the designation of Cameroon for Temporary Protected Status (TPS) for a period of 18 months. Today June 6, 2022, DHS published the Federal Register notice providing further information on how individuals can register for TPS under Cameroon’s designation beginning Tuesday June 7, 2022 until December 7, 2023.

What is Temporary Protected Status?

Temporary Protected Status (TPS) is a statutorily authorized program established by the United States Congress in 1990. The program allows migrants whose home countries are considered unsafe, the right to live and work in the United States for a temporary, but extendable, period of time. Though they are not considered lawful permanent residents (green card holders) or U.S. citizens, they are authorized to live in the United States without fear of deportation under temporary protected status. Applicants may also apply for employment authorization by filing Form I-765 Application for Employment Authorization with USCIS along with their application for TPS.

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

Cameroon’s recent designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Cameroon that prevent its nationals, from returning safely.

Who can apply?

Individuals eligible for TPS under this designation must have continuously resided in the United States since April 14, 2022 and demonstrate continuous physical presence in the United States since June 7, 2022.

Eligible applicants must be nationals of Cameroon or a person without nationality who last habitually resided in Cameroon.

Any nationals of Cameroon who attempt to travel to the United States after April 14, 2022, will not be eligible for Temporary Protected Status.

Continue reading

by

announcement-g9fd61cadf_1280

We are happy to share some great news for Temporary Protected Status (TPS) applicants! On November 29, 2021, the United States Citizenship, and Immigration Services (USCIS) announced that TPS applicants may now file Form I-821 Application for Temporary Protected Status and I-765 Application for Employment Authorization entirely online for certain country designations.

Who is eligible to apply online?

First-time TPS applicants and TPS beneficiaries who are re-registering are eligible to file Form I-821 and Form I-765 online, provided they are a national under one of the following current designations for TPS:

  • Burma (Myanmar)
  • El Salvador
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Venezuela
  • Yemen

Applicants can request an Employment Authorization Document (EAD) by submitting a completed Form I-765 with their Form I-821 online, or they may choose to submit their Form I-765 separately later. TPS applicants are recommended to file both forms together to help receive their Employment Authorization Document more quickly.

Where can I file?

To file Form I-821 online, eligible TPS applicants should visit the myUSCIS page to log into or create a USCIS online account. Through their myUSCIS account, applicants will be able to track the status of their application, review requests for more evidence, download a copy of their receipt notice, and have the ability to communicate with USCIS about their application through a secure inbox.

Why the change?

The new online filing capability is part of USCIS’ efforts to streamline the application process and reduce workloads by easily and conveniently retrieving applications and supporting documentation electronically. Previously, TPS online filing was only available to individuals from certain countries. The expansion of the online filing capability will now give USCIS the ability to process applications and EADs on a more timely basis through its secure and convenient platform.

Continue reading