18-Month Extension of Temporary Protected Status for Nicaragua
Introduction
The Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for 18 months, through Jan. 5, 2012, to eligible nationals of Nicaragua and people having no nationality who last habitually resided in Nicaragua. This extension does not apply to Nicaraguans who entered the United States after Dec. 30, 1998. Certain nationals of Nicaragua who have not previously applied for TPS may be able to register under the late initial registration provisions. Further details on this extension of TPS for Nicaragua appear in the Federal Register Notice that announces this extension.
Q. What is Temporary Protected Status (TPS)?
A. TPS is a temporary immigration status granted to eligible nationals of a country (or persons without nationality who last habitually resided in that specific country) designated for TPS under the Immigration and Nationality Act (INA). During the period for which the Secretary of Homeland Security (Secretary) designates a country for TPS, TPS beneficiaries are eligible to remain in the United States and may obtain work authorization, so long as they continue to meet the terms and conditions of TPS status.
TPS does not lead to permanent resident status. When the Secretary terminates a country’s TPS designation, beneficiaries return to the same immigration status they maintained before TPS (unless that status has since expired or been terminated) or to any other status they may have obtained while registered for TPS.
Q. When and why was Nicaragua designated for TPS?
A. Nicaragua was designated for TPS in 1999 based on environmental disaster conditions resulting from Hurricane Mitch, which occurred in late 1998.
Q. Why was the TPS designation for Nicaragua extended through Jan. 5, 2012?
A. During the past year, DHS and the Department of State reviewed conditions in Nicaragua. Based on this review, the Secretary has determined that an 18-month extension is warranted because the conditions that prompted the initial TPS designation of Nicaragua in 1999 following the environmental disaster caused by Hurricane Mitch persist and temporarily prevent Nicaragua from adequately handling the return of its nationals.
Q. Do I need to re-register for TPS if I currently have benefits through the designation of Nicaragua for TPS and would like to maintain them?
A. Yes. If you have already received TPS benefits through the TPS designation of Nicaragua, your benefits will expire on July 6, 2010. All TPS beneficiaries must comply with the re-registration requirements and submit any required biometrics service fee and Employment Authorization Document (EAD) application fee (if an EAD is desired), or requests for waivers of those fees, to maintain TPS benefits through Jan. 5, 2012. Failure to re-register in a timely manner without good cause will result in the withdrawal of TPS and you may be subject to removal from the United States.
Q. Who is eligible to re-register for TPS for Nicaragua?
A. The extension covers an estimated 3,000 individuals who currently have TPS. To qualify, you must:
1. be a national of Nicaragua, or an individual without nationality who last habitually resided in Nicaragua;

2. have continuously resided in the U.S. since Dec. 30, 1998;

3. have been continuously physically present in the U.S. since Jan. 5, 1999;

4. satisfactorily complete a routine background checks required of all applicants; and

1. are a national of Nicaragua, or an alien without nationality who last habitually resided in Nicaragua;

2. have continuously resided in the United States since Dec. 30, 1998;

3. have been continuously physically present in the United States since Jan. 5, 1999;

4. satisfactorily complete the routine background checks required of all applicants; and

5. meet certain other admissibility and eligibility criteria as specified in section 244(c) of the INA, 8 USC 1254a(c), and regulations at 8 CFR 244. 1-244.9.

were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief from removal;

had a pending application for:

1. Change of status

2. Adjustment of status

3. Asylum

4. Voluntary departure

5. Any relief from removal pending or subject to further review or appeal;

6. were a parolee or had a pending request for re-parole; or

7. you were the spouse or child of an alien currently eligible to be a TPS registrant. See 8 CFR 244.2(f)(2).

1. identity documentation with a photograph

2. your receipt notice for your re-registration application,

3. your ASC appointment notice, and

4. you current Employment Authorization Document (EAD) if you have one.

5. your current Employment Authorization Document (EAD) if you have one.

Q. What if my address changes after I file my application?
A. If your address changes after you file your application, you must complete and submit Form AR-11, Change of Address, by mail or electronically. The mailing address is:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
Form AR-11 can also be filed electronically by following the directions on the USCIS Web site at www.uscis.gov. To facilitate processing your address change on your TPS application, you may call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833) to request that your address be updated on your application. Please note that calling the USCIS National Customer Service Center does not relieve you of your burden to properly file a Form AR-11 with USCIS.
Q. Will my current EAD that is set to expire on Jul. 5, 2010, be automatically extended for six months?
A. Yes. USCIS will issue new EADs to eligible TPS beneficiaries who timely re-register and apply for EADs.@ However, USCIS will automatically extend the validity of EADs for eligible Nicaraguan TPS beneficiaries for six months, through Jan. 5, 2011. This automatic extension will allow sufficient time for eligible TPS beneficiaries to re-register and receive an EAD without any lapse in employment authorization. The Federal Register Notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.

Q. Will Nicaraguan nationals protected by TPS be permitted to travel to their home countries during the TPS extension?
A. As a matter of discretion, USCIS may grant you permission to travel abroad. You must apply for and obtain advance parole prior to travel outside the United States in order to prevent losing TPS status and to facilitate your re-entry to the United States.
Q. How do I apply for advance parole?
A. You must file Application for Travel Document, Form I-131, with the appropriate fee. The fee cannot be waived. Please follow the filing instructions for Form I-131.
Travel Warning:
If you have been unlawfully present in the United States and then you leave, even on an approved advance parole document, you may become inadmissible for three (3) or ten (10) years, depending on how much unlawful presence you had before you left. In addition, you may become ineligible for certain other benefits in the future that you may seek, such as permanent resident status. If adjudication of your TPS application has not been completed, you may also risk missing important USCIS notices, such as Requests for Additional Evidence, and your application may be denied while you are out of the country. We encourage you to read and understand the travel warning on Form I-131 before you ask for advance parole, regardless of whether you have been granted TPS. Before requesting advance parole for travel, you may also want to seek legal advice if you have been unlawfully present in the U.S. for any period of time.
Q. Can I use TPS as a basis for obtaining permanent resident status?
A. No. TPS is a temporary benefit that does not lead to lawful permanent resident status by itself or confer any other immigration status.
Q. May I apply for another immigration benefit while registered for TPS?
A. Yes. Registration for TPS does not prevent you from applying for non-immigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible. For the purposes of change of status, and adjustment of status, an alien is considered to be in, and maintaining, lawful status as a nonimmigrant during the period in which the alien is granted TPS. However, if an alien has periods of time when he or she had no lawful immigration status before, or after, the alien’s time in TPS, those period(s) of unlawful presence may negatively affect the alien’s ability to adjust to permanent resident status or attain other immigration benefits, depending on the circumstances of the specific case. In some cases, the alien may be eligible for a waiver of the unlawful presence ground of inadmissibility, or certain other grounds, when applying to adjust to permanent resident status or for another immigration status.
Q. How do I ask for further questions or learn more about TPS?
A. Please contact the USCIS National Customer Service Center at:
1-800-375-5283 or
1-800-767-1833 (TTY)
You may also the USCIS’ Web site’s TPS page by clicking here. To learn more about USCIS' programs, visit www.uscis.gov.