Which INS forms to file for TPS in US?

INS forms

 

 

Due to temporary circumstances where a country is not able to adequately handle its nationals return or maybe for safety reasons the US Secretary of Homeland Security may designate a foreign country for temporary protected status (TPS). Eligible nationals of certain such countries or some parts of these countries who are already in the US may be granted TPS by USCIS.  TPS may also be granted to eligible individuals of these designated countries even without nationality but should have last resided in the designated country.

INS Forms to be filed

When applying for TPS along with application applicant must include the necessary evidence, fees or fee waiver. Applicants need to follow special filing instructions specific to your TPS designated country. What you must include while you’re applying is listed below with information about the INS forms.

In order to register or while re-registering for TPS following forms should be submitted:

1. Form I-821, Application for Temporary Protected Status

2. Form I-765, Application for Employment authorization

It’s important to note that though applicant is not going to work both I-821 and I-765 forms must be filed to get Employment Authorization Document. For some reason if the applicant is not admissible to US a Form I-601, Application for Waiver of Grounds of Inadmissibility should also be filed with your TPS package for a waiver from being deported from US. If USCIS has already given you a waiver with a previous TPS application new form for waiver need not be filed. The Form I-601 needs to be filed only the first time. On humanitarian grounds to ensure family unity or in public interest this waiver is granted by USCIS.

Support documents required

Additional documents as evidence are also required while filing a TPS application. You must submit:

  • Nationality and Identity Evidence:  For TPS you need to show proof as a national from one of the designated countries else proof that you previously resided in one such country to be eligible.
  • Evidence of entry date: You should already be in US and show proof for same.
  • Evidence for Continuously Residing (CR): Proof that since the CR date specified you have been in the United States.

An English translation must accompany any non-English support document along with the original. Important for certification of the translator that:

  • with the foreign and English language he or she is proficient and
  • to the best of his or her belief, ability and knowledge the translation is true and correct.

It’s necessary to submit primary evidence, if available, as nationality and identity evidence. USCIS will send a request for more evidence (RFE) if they do not find that the submitted documents are sufficient. If submission of primary evidence of your identity and nationality is not possible secondary evidences will be accepted. As primary evidence you may submit copy of your original country’s passport, birth certificate with proof of identification or any document of national identity issued by the country and also any such type of document issued by country’s embassy or consulate in US. It could be a naturalization certificate or a national ID card.

If it’s not possible to submit any of the above mentioned primary proofs, an affidavit demonstrating that applicant tried to get them but failed and proof of such unsuccessful attempts or with affirmation of your nationality any written explanation why you were denied from such consular processes is necessary. Any additional support proof can be submitted while you are interviewed by USCIS.

As secondary evidences applicant can submit his/her naturalization certificate though without fingerprint or photograph, to prove nationality. Proof for your or parents nationality like the baptismal certificate may be submitted. To prove that you are a national of one of the designate country you can submit copies of school or medical records indicating it. For nationality and identity proof copy of any immigration related papers may also be submitted. From people either related or friends of the applicant, who know the nationality and birth place details, affidavits can also be submitted. Just the birth in one of the designated countries is not enough proof you need to be a national of that country according to that particular country’s rules.

Extension of TPS for Haiti

To Haiti’s Temporary Protected Status (TPS) an extension was announced according to USCIS by the Secretary of Homeland Security Janet Napolitano. A notice in the Federal Register making an announcement of this decision will be published next week by the Department of Homeland Security (DHS).

Additional help will be provided by the Federal Register notice on:

  • eligibility criteria for TPS;
  • if you already have TPS how to re-register;
  • filing of TPS applications will commence on which date;
  • For Employment Authorization Document (EAD) how to file a request;
  • For current EADS a six-month automatic extension;
  • Information about TPS fees and fee waiver ;and
  • TPS-related other information if any.

Individuals who have not continuously resided in the US since January 12, 2011 will not be eligible according to USCIS among the current Haiti TPS beneficiaries and they cannot apply during the 60-day re-registration period which will begin on the day the Federal Register notice is published.

 

 

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