Articles Posted in TPS Re-Registration

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Are you a participant of the Uniting for Ukraine parole program? If so, then you may be interested in learning more about the new COVID-19 vaccination requirements recently implemented by the U.S. Department of Homeland Security (DHS).

The agency has announced that effective immediately, all beneficiaries aged 6 months and older must have an attestation submitted, verifying that they have received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception. Previously, beneficiaries younger than 5 years old qualified for an exception to the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in that age group.

Before Traveling to the United States

To receive travel authorization under the Uniting for Ukraine program, all beneficiaries aged 6 months and older must have an attestation submitted verifying that they received at least 1 dose of a COVID-19 vaccine approved or authorized by the Food and Drug Administration or a COVID-19 vaccine listed for emergency use by the World Health Organization, unless they are eligible for an exception.

After Arrival in the United States

After being paroled into the United States, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they completed or will complete their COVID-19 vaccination series (in other words, they will be fully vaccinated) within 90 days of their arrival or within 90 days of reaching the eligible age for vaccination according to the current Centers for Disease Control and Prevention guidelines, unless they are eligible for an exception.

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Welcome back to a brand-new week of immigration news. In this blog post, we share some exciting news for nationals of Venezuela.

Today, Monday July 11, 2022, the Secretary of the U.S. Department of Homeland Security, Alejandro Mayorkas, announced the extension of the Temporary Protected Status (TPS) designation for Venezuela for a period of 18 months.

Mayorkas made clear that the circumstances which resulted in Venezuela being designated for Temporary Protected Status continue to exist, and therefore extension of the designation was warranted. It is also a move that has been made to continue to provide humanitarian relief to the people of Venezuela.

According to the announcement, the 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024.


Who can benefit from the extension?


Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for Temporary Protected Status under Venezuela’s extension. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS. Approximately 343,000 individuals are estimated to be eligible for TPS under the existing designation of Venezuela.


Where can I find more information?


Soon, the U.S. Department of Homeland Security will release a final rule in the Federal Register which will provide instructions for re-registering for Temporary Protected Status benefits and applying for the renewal of an Employment Authorization Document (EAD).

Venezuelans who are currently eligible for TPS under the existing designation, but who may not have been able to apply for benefits with U.S. Citizenship and Immigration Services (USCIS) should file their applications prior to the September 9, 2022, application deadline.

This includes Venezuelans covered under the January 2021 grant of Deferred Enforced Departure (DED) which is set to expire July 20, 2022.

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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.

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Happy Friday! We close the week with an important new update for nationals of Afghanistan. USCIS has announced the registration process for the Temporary Protected Status program for Afghanistan.

Today, May 20, 2022, a notice was published in the Federal Register confirming the Secretary of Homeland Security’s designation of Afghanistan for Temporary Protected Status (TPS) for an 18-month period.


Afghanistan’s TPS Registration Period Begins today, Friday May 20th  


Beginning today Friday, May 20, 2022, through November 20, 2023, eligible Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) can begin the registration process to receive Temporary Protected Status in the United States.


Who can apply?


To be eligible for TPS under the Afghan designation, individuals must demonstrate continuous residence in the United States since March 15, 2022, and continuous physical presence in the United States since May 20, 2022.

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

USCIS estimates that with this new designation, approximately 72,500 Afghans currently residing in the United States will be able to benefit from the new Temporary Protected Status designation. Afghans who arrived in the United States after March 15, 2022, are ineligible for TPS benefits. Afghan nationals currently not residing in the United States are also ineligible to receive benefits.

Afghan TPS applicants may e-file their applications for TPS under the Afghanistan designation by using Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from Friday, May 20, 2022, through November 20, 2023. Applicants may also request an Employment Authorization Document by e-filing Form I-765, Application for Employment Authorization, with the Form I-821.


Who is not eligible for TPS?


You may NOT be eligible for TPS or to maintain your existing TPS if you:

  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;

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Happy Monday! We are glad to bring you the latest updates relating to Temporary Protected Status (TPS). Recently, USCIS added Ukraine and Sudan as new countries eligible to participate in Temporary Protected Status (TPS) for a period of 18 months. The agency has now announced that the TPS registration process for Ukrainian and Sudanese nationals will begin tomorrow, Tuesday, April 19, 2022.


Ukraine and Sudan’s TPS Registration Period Begins April 19th 


We bring Ukrainian and Sudanese nationals good news. Beginning April 19, 2022, through October 19, 2023, such individuals can begin the registration process to receive Temporary Protected Status in the United States.


Who can apply?


To be eligible for TPS under the Ukraine designation, individuals must demonstrate continuous residence in the United States since April 11, 2022, and continuous physical presence in the United States since the date listed in the Federal Register notice authorizing the TPS designation. To be eligible under the Sudan designation, individuals must demonstrate continuous residence in the United States since March 1, 2022, and continuous physical presence since the designation date in the Federal Register notice.

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

USCIS estimates that with this new designation, approximately 59,600 Ukrainians currently residing in the United States will be able to benefit from the new Temporary Protected Status designation. Ukrainians who were outside of the United States after April 11, 2022, are ineligible for TPS benefits and must apply for any visa they are eligible to receive at the appropriate Embassy.

For its part, only about 3,090 are expected to benefit under the TPS designation for Sudan.

Those who are eligible may e-file their applications for TPS under the Ukraine or Sudan designations by using Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from April 19, 2022, through October 19, 2023. Applicants may also request an Employment Authorization Document by e-filing Form I-765, Application for Employment Authorization, with the Form I-821.

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In this blog post, we share with you some recent updates for the Temporary Protected Status (TPS) program. On March 16, 2022, Secretary Alejandro Mayorkas announced the designation of Afghanistan for Temporary Protected Status (TPS) for a period of 18 months.


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.

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


Who can apply?


Individuals eligible for TPS under this designation must have continuously resided in the United States since Tuesday, March 15, 2022. Eligible applicants must be a national of Afghanistan or a person without nationality who last habitually resided in Afghanistan.

Any Afghan nationals who attempt to travel to the United States after Tuesday, March 15, 2022, will not be eligible for Temporary Protected Status.

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With the developing situation in Ukraine, we offer the latest information with respect to visa options and immigration alternatives for Ukrainian nationals to consider. For an in-depth discussion and evaluation of the best visa option for you, we encourage you to contact our office for a consultation.

At the outset, we would like to clarify that U.S. immigration law can best be explained as being divided into 3 broad categories: temporary nonimmigrant visa options, permanent immigrant visa options, and special immigrant visa types.

The Department of State recently provided the following guidance to further explain the difference between these visa types. We will be dedicating a future post to the possible visa alternatives that can be explored by Ukrainians. Please review our recent blog post here for information about Temporary Protected Status for Ukrainians that have been continuously present in the United States since Tuesday March 1, 2022.


Nonimmigrant Visas


Nonimmigrant visas are for temporary stays in the United States.  They are not the appropriate tool to begin an immigrant, refugee, or resettlement process.  If you apply for a nonimmigrant visa but are unable to demonstrate intent to leave the United States after a defined period in order to return to a residence abroad, a consular officer will refuse your application.

All B1/B2 visa applicants are assumed to be intending immigrants—and therefore ineligible for a nonimmigrant visa—unless they can establish otherwise.  Nonimmigrant visa applicants may apply at any embassy or consulate where they are physically present and where appointments are available.  A full list of embassies and consulates is available here: https://www.usembassy.gov/.  As a result of the COVID-19 pandemic, applicants may face extended visa interview wait times at some Embassies and Consulates.  Appointment wait times are available at U.S. Visas (state.gov).  Once an interview appointment is made, applicants will have the ability to request an expedited appointment but must describe the unique circumstances that justify such a request.


Immigrant Visas


Immigrant visas are for foreign nationals who intend to live and/or work permanently in the United States.  In most cases, a relative or employer sponsors the individual by filing a petition with U.S. Citizenship and Immigration Services (USCIS).  Further information on immigrant visas can be found here:  https://travel.state.gov/content/travel/en/us-visas/immigrate.html.


At which Consular Post, can I apply for an Immigrant Visa?


Newly Scheduled Immigrant Visa AppointmentsThe U.S. Consulate General Frankfurt, Germany, is the designated processing post for all Ukrainian immigrant visa applications except adoption cases.  All newly scheduled immigrant visa cases will be slated for appointments at the U.S. Consulate General in Frankfurt, Germany.  Adoption cases are being handled at U.S. Embassy Warsaw, Poland.


I have a pending I-130 with USCIS, can I ask for faster processing?


Requesting Expedited Processing of I-130 Petitions:  If you filed a Form I-130 petition with USCIS and it has not yet been approved, you may inquire with USCIS regarding expedition of the application. USCIS has clear criteria outlined on its webpage listing the requirements to apply for an expedite. You may wish to seek the guidance of an experienced attorney to determine if you qualify for an expedite request: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.

There is also a USCIS help line if you are an active U.S. military member: https://www.uscis.gov/military/military-help-line.

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We have some breaking news for Ukrainian nationals. In a swift and unprecedented move, the Department of Homeland Security, today announced the designation of Ukraine to receive Temporary Protected Status (TPS) for an 18-month period.


What is Temporary Protected Status?


Established by the U.S. Congress in 1990, temporary protected status (TPS) is a program that 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.

Ukraine’s designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely.


Who can apply?


Individuals eligible for TPS under this designation must have continuously resided in the United States since Tuesday, March 1, 2022. Eligible applicants must be a national of Ukraine or a person without nationality who last habitually resided in Ukraine.

Any Ukrainian nationals who attempt to travel to the United States after Tuesday, March 1, 2022, will not be eligible for Temporary Protected Status.

Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for Temporary Protected Status, and an Employment Authorization Document (EAD).

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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.

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Welcome back to Visalawyerblog! In this post, we give you the rundown on the most exciting immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).

These announcements provide important information for applicants including, extended flexibility policies for responding to Requests for Evidence, new COVID-19 vaccination requirements for green card applicants, automatic 24-month extensions of status for petitioners who have properly filed Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status starting September 4, 2021, and continuance of TPS designations for nationals from certain countries.


The Rundown: What do I need to know about these new updates?


USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS has announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic. On September 24, 2021, USCIS made the announcement that it will continue to grant applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through January 15, 2022. This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and January 15, 2022 can take advantage of the additional 60 days to respond to the request or notice:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional investment centers; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:

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