Temporary Protected Status for El Salvador Extended

After examining the conditions in El Salvador following its devastating earthquake, the United States government determined that the country is not yet ready to handle a large influx of nationals returning home. Therefore, the government extended the Temporary Protected Status (TPS) for those residing in the U.S. from El Salvador. The TPS extension for Salvadorans is effective for 18 months, from September 9, 2003 through March 9, 2005.

An alien who is a national of El Salvador (or in the case of an alien having no nationality, a person who last habitually in El Salvador) may re-register for the 18-month extension of TPS and an extension of employment authorization. Only those who registered during the initial TPS registration period that ended on September 9, 2002, or who registered after that date under the late initial registration provision, and who timely re-registered during the previous extension may re-register. Many individuals with criminal backgrounds are not eligible to register. It is also important to note that before traveling abroad, those with TPS status must receive advance permission to return to the United States.

However, those who haven’t registered may still be eligible to register. In order to file late initial registration, an applicant must submit a complete application package, including supporting documentation and applicable fees, a $50 fee with Form I-821 and, if 14 years of age or older, a $50 fingerprint fee. Those available for late initial registration include: a national of El Salvador (or an alien who has no nationality and who last habitually resided in El Salvador); has been continuously physically present in the United States since March 9, 2001; resided in the U.S. on or before February 13, 2001 and has continuously resided in the U.S. until the present; is admissible as an immigrant, except as provided under 8 CFR 244.3; AND is not ineligible for TPS under 8 CFR 244.4 (criminal and security-related bars). To be eligible for TPS, a person from El Salvador must have resided in the United States since February 13, 2001. Those arriving after that date do not have the opportunity to apply for this status.

In addition to these showings, a late initial registrant must demonstrate that he or she: was a nonimmigrant or had been granted voluntary departure status or any relief from removal; had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which is pending or subject to further review or appeal; was a parolee or had a pending request for reparole; OR a spouse or child of an alien currently eligible for TPS under this program may apply for late initial registration at any time if he or she is otherwise eligible and was so at the time of the initial registration period. An applicant for late initial registration must register no later than 60 days after the expiration or termination of the conditions described above.

Those previously granted TPS through the El Salvador TPS Program, which will expire on September 9, 2003, may re-register during the 60-day re-registration period beginning on July 16, 2003, and ending on September 15, 2003. The applications must contain a postmark dated on or prior to September 15, 2003. These individuals must submit the following: an application for Temporary Protected Status, Form I-821; an application for Employment Authorization, Form I-765; and two identification photographs (1 ½” x 1 ½”). Applications submitted without the required fee, if applicable, and/or photos will be returned. However, applicants will not need to submit new fingerprints or the fingerprint fee. An applicant who requests employment authorization must submit a $120 fee with Form I-765.

For more information, contact the BCIS National Customer Service Center at 1-800-375-5283 or visit the BCIS on the web at www.bcis.gov.