The Department of Homeland Security (DHS) recently announced it would extend the validity of TPS-related documentation for beneficiaries under the Temporary Protected Status (TPS) designations for the following countries:
- El Salvador
The notice from DHS will automatically extend the following Employment Authorization Documents:
- Form I-797: Notice of Action
- Forms I-94: Arrival/Departure Record
The current TPS expiration date for El Salvador, Haiti, Nicaragua, and Sudan is January 2nd, 2020; while TPS for Honduras and Nepal is January 5th and March 4th, respectively. Under DHS’s new notice, expatriation dates for all six countries will be extended to January 4th, 2021.
Why Is DHS Extending TPS?
The reason DHS is extending TPS for these six countries to ensure the agency is compliant with preliminary injunctions and orders from the following courts:
- The U.S. District Court for the Northern District of California in the case of Ramos v. Nielsen
- The U.S. District Court for the Eastern District of New York in the case of Saget v. Trump
- The U.S. District Court for the Northern District of California in the case of Bhattarai v. Nielsen
If the U.S. government successfully challenges the preliminary injunction in the Ramos case, TPS for Honduras, Nepal, Nicaragua, and Sudan will be terminated, taking “effect no earlier than 120 days from the issuance of any appellate mandate to the district court.” If an appellate mandate is issued to the Ramos district court, TPS for El Salvador will be terminated, taking “effect no earlier than 365 days from the issuance.”
If the challenge of the Ramos preliminary injunction succeeds, “TPS for beneficiaries under Haiti’s designation may continue pursuant to the Saget preliminary injunction.” But if the challenges to the preliminary injunctions in both Ramos and Saget succeed, then TPS for or Haiti will take “effect no earlier than 120 days from the issuance of the later of the two appellate mandates to the District Court.”
Do you have more questions about TPS extensions for El Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan? Then call Kanu & Associates, P.C. at (602) 353-7795 to schedule your free case evaluation with one of our dedicated immigration lawyers. We are here to serve you!