The Immigration and Nationality Act authorizes the Secretary of the U.S. Department of Homeland Security (DHS) to grant temporary protected status (TPS) to people of a foreign state living in the U.S. El Salvadorans who have TPS must re-register by March 9, 2015, in order to maintain their status. DHS grants this kind of temporary immigration status as a safe haven to persons from a designated foreign state when conditions in that foreign state pose a threat to their return because of armed conflict, environmental disasters, and other extraordinary and temporary conditions. TPS covers persons who are already in the U.S. at the time TPS designation is made. TPS is a temporary designation of six to 18 months and can be extended through re-registration.
El Salvadoran nationals in the U.S. as of March 9, 2001 are eligible for TPS. El Salvadorans who arrived in the U.S. after that date do not qualify for TPS under the 2001 designation.
Re-registration applications must be filed with U.S. Citizenship and Immigration Services (USCIS), a division of DHS. To re-register, current TPS holders must submit:
- Form I-821, Application for Temporary Protected Status;
- biometrics services fee or fee waiver request, if 14 years or older;
- Form I-765, Application for Employment Authorization; and
- Form I-765 application fee or fee waiver request if they want EAD.
All forms can be obtained free from USCIS by downloading them at the USCIS website at www.uscis.gov/forms or by calling USCIS toll-free at 1-800-870-3676. Re-registration applications can be submitted electronically or by mail. Additional information can be found online at http://www.uscis.gov/tps.
Under very limited circumstances, an applicant who has been residing in the U.S. since March 9, 2001 may be able to apply for initial TPS eligibility under the 2001 designation.
Automatic Employment Authorization Document (EAD) Extension
USCIS reviews individual cases to determine whether applicants are eligible to work before a final decision on a TPS application is made. If an applicant is found to be eligible upon initial review of their TPS application they will receive employment authorization documents (EADs). Work authorization shall be effective throughout the period that an individual is in temporary protected status. USCIS has automatically extended the validity of EADs issued under the last extension of TPS El Salvador for an additional six months through September 9, 2015. Date expired EADs of El Salvadoran TPS beneficiaries who have applied for re-registration are valid through September 9, 2015.
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