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Haitian and Salvadoran TPS Expiration and Re-registration

As most of you know, the Trump administration has terminated Temporary Protected Status (TPS) for Haiti and El Salvador. TPS recipients from both countries are allowed to apply for a final extension before their TPS status will expire. Haitian TPS will expire on July 22, 2019, and Salvadoran TPS will expire on September 9, 2019.

How do I re-apply for TPS?
Note that TPS re-registration is only for people who already have received TPS. If you are a citizen of Haiti or El Salvador who has never had TPS before, you likely cannot obtain it now. Those who already have TPS must apply to extend it, through a process called re-registration. Last week the Administration announced the time frame during which TPS recipients can re-register: January 18, 2018, through March 19, 2018. To re-register, a TPS holder must submit form I-821 (application for TPS) and, if desired, form I-765 (application for a work permit) and the appropriate fee. If the TPS application is approved, Haitian TPS holders will receive a work permit valid through July 22, 2019, and Salvadoran TPS holders will receive a work permit valid through September 9, 2019.

What if my work permit does not arrive on time?
Work permits for Salvadoran TPS holders should expire on March 5, 2018. However, the administration has automatically extended these work permits through September 5, 2018. Similarly, most Haitian TPS work permits expired on January 22, 2018, but have been extended through July 21, 2018. Employers should be made aware that their Haitian and Salvadoran employees have been granted an additional 6 months of employment authorization and should not be terminated for not having a new work permit.

Please note that some Haitian TPS holders, whose most recently TPS re-registration has not yet been processed, still have work permits that expired on July 22, 2017. It appears that their work permits have also automatically been extended through July 21, 2018. This means that you should not have any problems with remaining at your current job even if your work permit has expired.

What should I do now that my TPS will expire?
You should begin exploring other immigration options, whether through a family member, an employer, or other options. Some people may have a way to remain in the United States lawfully while others may not; every case is unique. If you have no other way to obtain status, then you may lose your lawful status upon the expiration of your TPS status and may begin accruing unlawful presence. You may also need to prepare to depart the United States, depending on your circumstances.

If you would like to discuss your specific case, please do not hesitate to contact our office.


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