The Department of Homeland Security (DHS) has announced an 18-month extension of Temporary Protected Status (TPS) for nationals of Somalia through September 17, 2009. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.

DHS also automatically extended the validity of Employment Authorization Documents (EAD) held by eligible Somalis for an additional six months from March 17, 2008 through September 17, 2008. This will allow sufficient time for eligible TPS beneficiaries to receive their new EAD without any lapse in employment. There are approximately 300 nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who are eligible for re-registration.

The extension of TPS for Somalia is effective March 17, 2008 and will remain in effect through September 17, 2009. Nationals of Somalia who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period beginning March 12, 2008 and remaining in effect until May 12, 2008. Somali TPS beneficiaries are encouraged to apply as soon as possible following the start of the 60-day re-registration period. Please note that re-registration applications from Somali nationals will not be accepted by USCIS until the re-registration period opens on March 12, 2008. Details on where, when and how to file under each designation will soon be published in the Federal Register and additional information will be provided online at: http://www.uscis.gov/.

To re-register for TPS under this extension, a TPS beneficiary must submit Form I-821 (Application for Temporary Protected Status) without the application fee and Form I-765 (Application for Employment Authorization). If the applicant is only seeking to re-register for TPS and not seeking an extension of employment authorization, he or she must submit Form I-765 for data-gathering purposes only, and is not required to submit the I-765 filing fee. All applicants seeking an extension of employment authorization through September 17, 2009 must submit the required application filing fee with Form I-765. The biometric service fee must be submitted by all re-registrants age 14 and older, as well as re-registrants under age 14 who are requesting an EAD.

Applicants may request a fee waiver for any of the application or biometric service fees in accordance with the regulations. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the re-registration application.

For assistance in preparing your Somali TPS extension, late registration, or related employment authorization application, contact Amy L. Becerra, Esq., Swynford Law Group, PC, 1101 Professional Drive, Suite D, Williamsburg, VA 23185; (757) 345-3467; www.swynfordlaw.com; amy@swynfordlaw.com.

U.S. Citizenship and Immigration Services (USCIS) has issued revised instructions for USCIS Form I-131, Application for Travel Document.  The instructions include changes, effective March 5, 2008, that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints & photographs) at a USCIS Application Support Center (ASC) for background and security checks and requirements for secure travel and entry documents containing biometric identifiers.  USCIS will notify applicants of their appointment at the designated ASC after submission of the I-131 application.

The new instructions for Form I-131 require that applicants (ages 14 through 79 years old) for re-entry permits and refugee travel documents provide biometrics before departing from the United States.   Applicants also are strongly encouraged to apply well in advance of their anticipated travel dates to allow time to attend their ASC appointments and to receive their travel documents. 

Shortly after filing an I-131 form for a Refugee Travel Document or a Re-entry Permit, USCIS will mail the applicant a receipt and an ASC scheduling notice.  The I-131 includes instructions for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. 

The instructions also discuss the requirement for applicants who are in the United States to pay the $80 biometrics services fee, or to submit a biometrics fee waiver request with sufficient documentation to support their inability to pay the fee.   As in the past, the application fee for the I-131 form cannot be waived.

In addition, if applicants require expedited processing, the instructions provide specific information for submitting pre-paid express mailers with the I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed Re-entry Permit or Refugee Travel Document, if approved.    A request for expedited processing should contain the applicant’s reasons for such processing.

For assistance in preparing your Application for a Refugee Travel Document or Re-entry Permit on the new I-131, contact Amy L. Becerra, Esq., Swynford Law Group, PC, 1101 Professional Drive, Suite D, Williamsburg, VA 23185; 757.345.3467; www.swynfordlaw.com; amy@swynfordlaw.com.

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