Re-Registration
Current beneficiaries under the TPS designations for Honduras and Nepal do not need to re-register to maintain TPS at this time, provided that they properly re-registered for TPS during one of the re-registration periods for their country listed below. If you properly re-registered during the following re-registration periods for your country, then you do not need to submit new biometrics, unless USCIS specifically sent you a notice informing you to attend a biometrics collection appointment.
Country | Re-Registration Dates |
Nepal | May 22, 2018 – July 23, 2018Oct. 26, 2016 – Dec. 27, 2016 |
Honduras | June 5, 2018 – Aug. 6, 2018Dec. 15, 2017 – Feb. 13, 2018May 16, 2016 – July 15, 2016 |
Beneficiaries who did not re-register during either of these periods may still file Form I-821, Application for Temporary Protected Status, but must demonstrate “good cause” for failing to re-register on time, as required by law. See INA, section 244(c)(3)(C).
Late re-registrants must submit a letter describing all of their reasons for failing to file on time in accordance with the most recently announced re-registration procedures in the FRN for their TPS-designated country.
If you re-registered outside of the re-registration period because DHS announced the termination of TPS for your country, you should explain how that announcement affected you, including how the termination decisions impacted your failure to re-register. USCIS may consider this explanation for purposes of meeting the “good cause” exception for failing to re-register on time. However, if the announcement of the TPS termination did not cause you to file late, you should not include it as a reason. Applicants must be truthful in explaining their reasons.
ALERT: The termination of Temporary Protected Status (TPS) for Nepal and Honduras will not take effect until further notice. As required by the court order adopting the parties’ stipulation to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-731 (N.D. Cal), USCIS will extend appropriate TPS-related documentation (Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record) for eligible beneficiaries of TPS Honduras and TPS Nepal, as it has done for the TPS beneficiaries in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal), a case that challenges the terminations of TPS for Sudan, Nicaragua, Haiti, and El Salvador. The terminations of TPS for Nepal and Honduras will not take effect while appeals are pending in Ramos, which presents similar issues to those presented in Bhattarai.
For additional information, please see the Update on Bhattarai v. Nielsen page on the USCIS website.
TPS Continues Through: | As long as the preliminary injunction ordered by the court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect, or by other order of the court.TPS for current beneficiaries under the designation for Nepal will continue, provided that they properly re-registered for TPS during at least one of the following registration periods for their country. If you have not re-registered during at least one of the following registration periods, you should file now and explain your reasons for filing late. |
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Registration Period for People Who Already Have TPS: | May 22, 2018-July 23, 2018orOct. 26, 2016-Dec. 27, 2016 |
Employment Authorization Document (EAD) Auto-Extended Through: | March 24, 2020 |
Continuous Residence Date in U.S. Since: | June 24, 2015 |
Continuous Physical Presence in U.S. Since: | June 24, 2015 |
TPS Designation Date: | June 24, 2015 |
Federal Register Notice Citation: | 81 FR 7447084 FR 23578 (correction) |
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Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice.