U.S. Department of
Justice
IMMIGRATION AND NATURALIZATION SERVICE
Washington, DC 20596
NEWS RELEASE
June 28, 2000
INS Announces
Successful Settlement
Agency Reminds TPS
Re-registration Applicants of Approaching July 5 Deadline
WASHINGTON - The Immigration and
Naturalization Service (INS) has entered into a settlement with
attorneys for a small group of Honduran plaintiffs in New York
who filed an application with INS for Temporary Protected Status
(TPS) benefits prior to August 20, 1999. The lawsuit challenged
certain INS procedures relating to the adjudication of
applications filed by Hondurans for TPS and the related
employment authorization at the Vermont Service Center.
Since the lawsuit was filed, all the
plaintiffs have had their cases adjudicated and INS has met
several times with the plaintiffs' attorneys in an attempt to
address their more general concerns. Today, INS announces the
resolution of the lawsuit, which will affect applications filed
by certain Hondurans. INS has elected to provide the same
benefits set forth under the settlement to Nicaraguans whose
country was designated simultaneously with Honduras.
How to Determine if the Settlement Will
Affect You:
This settlement will affect applicants who
properly filed a TPS application and related application for
employment authorization under the Nicaraguan or Honduran
designations, prior to August 20, 1999; AND the application for
TPS-related employment authorization was not adjudicated prior to
May 11, 2000. Evidence of this could include:
If a TPS applicant meets the above
requirements the individual does not have to pay the $100
application fee for employment authorization under TPS
re-registration (applications for the renewal of employment
authorization submitted under the extension of TPS).
PLEASE NOTE: TPS Re-registration and
related employment authorization applications must be physically
received at the INS Service Centers by July 5, 2000. This
re-registration for an extension does not allow Nicaraguans or
Hondurans who entered the United States after December 30, 1998
to file for TPS.
How to Obtain the Fee Exemption:
Hondurans or Nicaraguans who have already
submitted an application for an extension of their employment
authorization are entitled to a refund of the $100 employment
authorization fee. In order to be eligible for this refund, TPS
applicants must submit a statement to the INS Service Center with
their name, address, alien registration number, a legible copy of
their Employment Authorization Card (EAD) and a receipt,
explaining they are entitled to a refund of the application fee
because their application for employment authorization was not
adjudicated by May 11, 2000.
Those persons eligible for TPS who have not
yet re-registered for TPS are entitled to a fee exemption of the
$100 fee for an application for employment authorization. In
order to receive the exemption applicants must include a
statement with their application staffing their name, address,
alien registration number, a legible copy of their EAD card and
receipt and explain that they are entitled to a fee-exemption
because their TPS-related employment authorization was not
adjudicated prior to May 11, 2000.
In order to be eligible for the fee refund, INS must receive the refund request by September 5, 2000.
TPS Eligibility Requirements and
Approaching, July 5 Deadline
As part of the Clinton Administration's
ongoing efforts to assist countries affected by Hurricane Mitch,
on December 30, 1998, INS announced the Attorney General's
designation of TPS for Honduras and Nicaragua for a period of 18
months. This status was scheduled to expire on July 5, 2000.
However, on May 5, 2000 INS announced a one-year extension of TPS
for eligible Hondurans and Nicaraguans. During the designation
period, eligible Hondurans and Nicaraguans are not subject to
removal and are lawfully authorized to work in the United States.
Only Hondurans and Nicaraguans who were in the United States by
December 30, 1998 qualify for TPS benefits.
This extension covers only Nicaraguans and
Hondurans who have been continually present in the United States
as of January 5, 1999 and who have continually resided in the
United States since December 30, 1998, unless they are eligible
for late initial registration. An extension of TPS does not
change the required dates of continuous physical presence and
residence in the United States. However, late initial
registration is possible in some circumstances. In order to
qualify for late initial registration, applicants must meet the
original nationality and continuous physical presence and
residency requirements and they must demonstrate that during the
initial registration period they:
Applications for late initial registration must be submitted no later than 60 days from the expiration or termination of the alien's previous status.
Hondurans and Nicaraguans currently
registered under TPS who desire an extension must re-register by
filing both the TPS application (Form I-821) and an application
for employment authorization (Form I-765) with an INS Service
Center. INS Service Centers must physically receive the
re-registration application by July 5, 2000. There will be no
extension to this application deadline. TPS re-registration
applicants are encouraged to file their applications this week so
that INS Service Centers physically receive the applications by
July 5. For re-registration, there is no fee for Form I-821.
However, a $100 fee must accompany Form I-765 if an applicant
requests employment authorization. If the applicant does not
require employment authorization or already has employment
authorization and does not wish an extension beyond December 5,
2000, Form I-765 is still required but no fee is necessary. These
forms are available from the toll-free INS Forms line,
1-800-870-3676, and from the INS Web site, www.ins.usdoj.gov.
- INS -