Is Somalia TPS still alive?
by Jose Enrique Perez
Yes, last month Secretary of Homeland Security Kirstjen M. Nielsen announced that the statutory conditions supporting Somalia’s TPS designation on the basis of ongoing armed conflict and extraordinary conditions continue to exist and that the designation should be extended by 18 months. Secretary Nielsen made her decision after reviewing country conditions and consulting with appropriate U.S. government agencies. As a result, Somalia’s TPS designation has been extended through March 17, 2020.
President Trump has made it a mission to take away every right an immigrant has in this country and he stripped away most countries of TPS, including but not limited to, Central American countries.
As you may recall, TPS is a temporary immigration status granted to eligible nationals of a country (in this case Somalia) or persons without nationality who last resided in Somalia designated for TPS under the Immigration & Naturalization Act. During the period for which a country is designated TPS, TPS beneficiaries are eligible to remain in the U.S. and may obtain work authorization. However, once the designation is terminated, the beneficiaries return to the same immigration status they maintained before the TPS or any other status they might have obtained while registered for TPS. Therefore, people from Somalia do not get any other status (i.e., permanent resident status) based on the TPS. However, recent case developments have been authorizing adjustment of status for TPS holders when they have obtained a parole, have left and returned to the United States.
U.S. Citizenship and Immigration Services announced that current beneficiaries of Temporary Protected Status under Somalia’s designation who want to maintain their status through the 18-month extension period ending on March 17, 2020, must re-register between Aug. 27, 2018, and Oct. 26, 2018.
All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Cards by submitting, at the time they file Form I-821, Form I-765, Application for Employment Authorization, or separately at a later date. The fees are approximately $450.
USCIS will issue new Employment Authorization cards with a March 17, 2020 expiration date to eligible Somalia TPS beneficiaries who timely re-register and apply for the work permits. But even if you are not able to get the work permit on time before it expires, USCIS have automatically extended the validity of those cards for 180 days, through March 16, 2019.
You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about the TPS. Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with the filing of a TPS petition. Each case is fact-specific and therefore similar cases may have different outcomes.
I represent individuals in immigration cases. If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at email@example.com. The Law Office of Jose Perez is located at 120 East Washington Street, Suite 925, Syracuse, New York 13202. Now with offices in Buffalo and Rochester!!! Please look for my next article in the October edition.