Temporary Protected Status Designated Country: El Salvador

ALERT: On Oct. 3, 2018, in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (PDF, 458 KB), the U.S. District Court for the Northern District of California enjoined DHS from implementing and enforcing the decisions to terminate Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, and El Salvador, pending further resolution of the case (“order” or “injunction”). On Oct. 31, 2018, DHS published a Federal Register Notice (FRN) announcing that the TPS designation for El Salvador currently remains in effect.

Beneficiaries of TPS El Salvador who have been approved for re-registration currently have Employment Authorization Document (EADs), Form I-94, Arrival/Departure Record, and Form I-797, Notice of Action, collectively TPS-related documentation, that will remain in effect through Sept. 9, 2019. Eligible beneficiaries with pending re-registration applications, if approved, will also receive TPS-related documentation through that same validity date. (Note: In addition, an existing automatic extension of certain EADs for beneficiaries of TPS El Salvador with pending re-registration applications continues through March 4, 2019, see below).

Should the court’s order remain in effect beyond the six month period specified in the Oct. 31, 2019, FRN, DHS will issue a subsequent FRN approximately 30 days before April 2, 2019, that will automatically extend appropriate TPS-related documentation for beneficiaries TPS El Salvador through Jan. 2, 2020. Beneficiaries of TPS El Salvador who re-registered for TPS during the last registration period which ran from Jan. 18, 2018 to March 19, 2018, do not need to submit any new filings at this time. TPS beneficiaries who have failed to re-register properly for TPS during the last registration period should file Form I–821, Application for Temporary Protected Status, and demonstrate “good cause” for failing to re-register on time, as required by law. See INA, section 244(c)(3)(C) (TPS beneficiary’s failure to register without good cause in form and manner specified by DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Instructions to Form I–821. If you are filing a late re-registration application, please provide a letter explaining all of your reasons for filing outside of the re-registration period. If you filed after the re-registration period because of the DHS announcement of the termination of TPS for your country, please explain how that announcement affected you, including how the termination decisions impacted your failure to re-register. However, if the announcement of the TPS termination did not cause you to file late, you should not include it as a reason.  Please remember to be truthful in explaining your reasons.

If a superseding final, non-appealable court order and implementing Federal Register notice, if one is warranted, should permit the termination of the TPS designation for El Salvador to go into effect, DHS may terminate relevant TPS-related documentation before the end validity date announced in any current or subsequent Federal Register notice that is in effect at the time. Any such terminations of TPS-related documentation for affected TPS beneficiaries will go into effect only 120 days after the effective date of the court order that permits the implementation of the termination of TPS for El Salvador, or on the Secretary’s previously-announced effective date for the termination of TPS El Salvador (Sept. 9, 2019), whichever is later. 

For additional information, please reference the FRN.

 

TPS Continued Through: As long as preliminary injunction ordered by court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect.
Re-registration period for People Who Already Have TPS:

Jan. 18, 2018 – March 19, 2018

(Note:  If individual demonstrates “good cause” for filing late, USCIS will adjudicate re-registration application.)
Employment Authorization Document (EAD) Auto-Extended Through: Sept. 5, 2018 (additional auto-extension through March 4, 2019, for certain individuals with pending EAD applications, see more information below)
Continuous Residence in U.S. Since: Feb. 13, 2001
Continuous Physical Presence in U.S. Since: March 9, 2001
TPS Designation Date: March 9, 2001
Federal Register Notice Citation:

83 FR 2654

83 FR 54764

When to File for TPS

To maintain TPS, you must have either filed to re-register during the 60-day re-registration period that ran from Jan. 18, 2018, through March 19, 2018, and been approved, or have an application that remains pending. If you did not re-register during this timeframe, you may submit a late re-registration application, including a letter that explains your reason(s) for filing late with your application. USCIS will determine whether your reasons are “good cause” for being late, as required under the TPS law. We encourage you to file for re-registration as soon as possible if you have not done so.

Where to File

Send your TPS package to the appropriate address in the table below: 

If you:     Then, mail your application to:

If you are filing for a replacement EAD for already granted TPS or for re-registration of TPS and you live in the following states/territories:

  • Alabama
  • Alaska
  • American Samoa
  • Arkansas
  • Colorado
  • Guam
  • Hawaii
  • Idaho
  • Iowa
  • Kansas
  • Louisiana
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • New Mexico
  • New York
  • North Dakota
  • Northern Mariana Islands
  • Oklahoma
  • Puerto Rico
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Virgin Islands
  • Wisconsin
  • Wyoming

U.S. Postal Service (USPS)

U.S. Citizenship and Immigration Services
Attn: TPS El Salvador
P.O. Box 660864
Dallas, TX 75266 

FedEx, UPS, and DHL deliveries:

U.S. Citizenship and Immigration Services
Attn: TPS El Salvador
2501 S. State Highway, 121 Business Suite 400
Lewisville, TX 75067

If you are filing for a replacement EAD for already granted TPS or for re-registration of TPS and you live in the following states/territories:

  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Illinois
  • Indiana
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • New Hampshire
  • New Jersey
  • North Carolina
  • Ohio
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Vermont
  • Virginia
  • Washington D.C.
  • West Virginia

U.S. Postal Service:

U.S. Citizenship and Immigration Services
Attn: TPS El Salvador
P.O. Box 8635
Chicago, IL 60680-8635

FedEx, UPS, and DHL deliveries:

U.S. Citizenship and Immigration Services
Attn: TPS El Salvador
131 S. Dearborn – 3rd Floor
Chicago, IL 60603-5517

If you are filing for a replacement EAD for already granted TPS or for re-registration of TPS and you live in the following states/territories:

  • Arizona
  • California
  • Nevada
  • Oregon
  • Washington

U.S. Postal Service:

U.S. Citizenship and Immigration Services
Attn: TPS El Salvador
P.O. Box 21800
Phoenix, AZ 85036 

FedEx, UPS, and DHL deliveries:

U.S. Citizenship and Immigration Services
Attn: TPS El Salvador
1820 E. Skyharbor Circle S, Suite 100
Phoenix, AZ 85034

Automatic Employment Authorization Document (EAD) Extension

USCIS has previously automatically extended the validity of certain EADs issued under TPS El Salvador through March 4, 2019. 

If you are a TPS beneficiary under the El Salvador designation and your EAD is based on your TPS, your EAD may now be valid through March 4, 2019, if your EAD includes a category code of A12 or C19, you have not received your new EAD, and:

  • Your EAD has a marked expiration date of March 9, 2018, and you applied for a new EAD after Jan. 18, 2018; or
  • Your EAD has a marked expiration date of Sept. 9, 2016, and you applied for a new EAD on or after July 8, 2016.

USCIS has mailed a Notice of Continued Evidence of Work Authorization to individuals who are eligible for the additional 180-day automatic extension. The notice will provide evidence of the automatic extension of your EAD through March 4, 2019. Individuals who receive the notice may use the notice in combination with their current EAD as evidence of work authorization through March 4, 2019. If you have a pending EAD application and believe you are eligible for the additional automatic extension but did not receive the Notice of Continued Evidence of Work Authorization by Sept. 4, 2018, please contact the USCIS Contact Center.

Other Immigration Options

You might be eligible for other immigration options listed on the Explore My Options page.

To apply for a lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.

Note on Seeking Asylum: Being granted and maintaining TPS status until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one year filing deadline. In other words, having TPS status “stops the clock” on the requirement to file for asylum within one year of arriving in the United States, if the one-year clock has not already expired. See 8 CFR 208.4(a)(5)(iv).

Avoid Scams

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website on the finding legal advice web page.

We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. Visit the Avoid Scams page for information and resources.

 

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