TPS Program Extended For Honduran And Nicaraguan Immigrants

Temporary Protected Status (TPS) has been extended for immigrants from Honduras and Nicaragua until January 5, 2012.

This program is aimed at assisting Hondurans and Nicaraguans, like you, recover from the effects of Hurricane Mitch.  Although Hurricane Mitch took place in 1998, the devastating effects remain.  Before extending TPS, the Department of Homeland Security (DHS) and the Department of State studied the present situation in these two countries.   After their review it was decided to extend the Honduras TPS and Nicaragua TPS programs.

Temporary Protected Status, a special immigration program was created in 1990.  The purpose is to provide immigrants with a temporary safe harbor while they are not capable of returning safely to their country of origin as a result of an environmental disaster, war, or other temporary severe conditions.

As normal under TPS, the period of authorization does not exceed 18 months.  As a result, the re-registration ends on July 6, 2010.  On that date, if you’re from Honduras or Nicaragua, your TPS and work permits will expire.  The extension will last 18 months, until January 5, 2012.

If recovery for either Honduras or Nicaragua is still slow, then it is possible the U.S. government will again extend the TPS periods.

Temporary Protected Status Benefits

The following benefits are granted as part of winning TPS status:

• You are allowed to have valid immigration status for the 18 month period
• You are eligible for a work permit, which allows you to work legally in the United States
• You may be able to halt deportation and removal proceedings against you
• You are eligible to later adjust your immigration status, if you meet certain requirments, and become a lawful permanent resident

Honduran and Nicaraguan Temporary Protected Status Requirements

To qualify for TPS status, you must prove:

• You must be a Honduran or Nicaraguan national (or a person without nationality who last resided in Honduras or Nicaragua)
• You must have been physically present in the U.S. since January 5, 1999, the date when TPS status was created for Honduras and Nicaragua
• You must have continuously resided in the U.S. since December 30, 1998
• You must meet all applicable immigration and TPS requirements, and successfully pass a background inspection

In addition, you must properly complete and file all TPS documents before the filing deadline.  The filing deadline ends July 6, 2010.

DO NOT DELAY!

In my role as a San Bernardino immigration lawyer, I strongly recommend not waiting until the last moment to file your application.  If you miss the July 6, 2010 deadline, you may lose your only chance to qualify for TPS benefits.

Late Registration For Honduras TPS And Nigaragua TPS

Late Registration for Honduras TPS or Nicaragua TPS is possible.

If you were in the United States on December 30, 1998 but you did not file for TPS, you might still be able to obtain TPS benefits now.

The requirements for late registration are stricter than the regular TPS requirements.

We do not think you  should try to handle filing for late registration without the assistance of a qualified and experienced TPS immigration attorney.

For example, you will need to prove that at the time of the initial registration, you (a) were in a valid immigration status, (b) had been granted voluntary departure, or any relief from deportation or removal, or (3) had an immigration petition pending with immigration officials.

Do not take unnecessary chances and risks. This may be your last chance to obtain TPS benefits.  You should not take unnecessary risks.

If you would like to know more about these programs, here are the government links: USCIS Fact Sheet on Honduras TPS and USCIS Fact Sheet on Nicaragua TPS.

If you decide to seek legal help, our Phoenix, San Diego, Escondido, Hemet, Riverside, and San Bernardino immigration lawyer offices are here to assist you.

By Carlos Batara

Tagged as: Temporary Protected Status