Instructions Table of Changes

I821-TOC-INS-30Day-10152013.docx

Application for Temporary Protected Status

Instructions Table of Changes

OMB: 1615-0043

Document [docx]
Download: docx | pdf

TABLE OF CHANGES – INSTRUCTIONS

FORM I-821, Application for Temporary Protected Status

OMB Number 1615-0043

09/30/2013


Summary for Revisions

  • Adding data fields necessary to incorporate Form I-821 into USCIS ELIS and align this form with transformation system requirements;

  • Clarifying and updating eligibility-related questions and information throughout Form I-821;

  • In support of U.S. Customs and Border Protection’s (CBP’s) automation of Arrival/Departure Records (Forms I-94) at airports and sea ports beginning April 30, 2013, adding passport and travel document data fields  to facilitate verification of admission information collected and maintained by CBP;

  • Updating applicant, interpreter and preparer certification statements; and 

  • Including a 2D barcode to expedite data intake and transmission.


Location

Current Text

Proposed Revision


Throughout

2 column format

Full page format, standard format/ chronology of sections, and many sections have been revised to have standardized language integrated; some items have been renumbered.


On page 1, Items 2 - 5 of the current instructions were moved to Page 3 of the revised instructions, under the General Requirements section. They were renumbered to Items 1-4. Items 6, 7, 11, and 12 of the current form were revised to numbers 5-8.


Other items in the current were incorporated into the revised version, but as sections or subsections. For example, item #8 in the current form instructions, How Should You Prepare This Form, is now a subsection under page 2 of the revised instructions, under General Instructions, entitled “How to Fill Out Form I-821.”


Item #16 in the current version, entitled “Reporting Burden” is now a section in the revised instructions, entitled “Paperwork Reduction Act.”(page 7)


Page 1, Instructions, NOTE

This revision of Form I-821 updates instructions required for TPS registration and re-registration at questions 2, 7, 8, 9, 10, 11, 12, 13, and 16 on pages 2 and 3. Information on fees and fee waiver requests has also been updated in these instructions.


Read these instructions carefully to properly complete this form. If you need more space to answer a question, use a separate sheet(s) of paper. Write your name and Alien Registration Number (A#) at the top of each sheet and indicate the number of the item to which the answer refers. An incomplete application may be returned to you, causing a delay in the processing of your application.


[Deleted]



New


[Page 1]


What Is the Purpose of This Form?


The purpose of this form is to apply for Temporary Protected Status (TPS).


Do NOT use Form I-821 to request Deferred Action for Childhood Arrivals (DACA). Form I-821 is only for TPS purposes. Form I-821D must be used to request Deferred Action for Childhood Arrivals.


New


[Page 1]


When Should I Use Form I-821?


Use Form I-821 when registering or re-registering for TPS.


Page 1,

1. Who May File for TPS?





You must be an eligible national of a foreign state (or parts thereof) or an alien having no nationality who last habitually resided in a foreign state that has been designated for Temporary Protected Status (TPS) by the Secretary of the Department of Homeland Security pursuant to section 244A of the Immigration and Nationality Act. You should check with the nearest office of USCIS for designations currently in force or visit our website at www.uscis.gov.


[Page 1]


Who May File Form I-821?


You must be an eligible national of a foreign state (or an alien having no nationality who last habitually resided in a foreign state) that was designated for TPS by the Secretary of Homeland Security pursuant to section 244 of the Immigration and Nationality Act (INA). You should check with the nearest USCIS office for designations currently in force or visit the USCIS Web site at www.uscis.gov/tps.


Page 2,

8.How Should You Prepare This Form?


































































































  1. Type or print legibly in black ink.


  1. If you need extra space to complete any item, attach a continuation sheet. Write your name and Alien Registration Number (A#), if any, at the top of each sheet, indicate the item number to which the answer refers, and date and sign each sheet.





Answer all questions fully and accurately. If any item does not apply, please write “N/A.”



[Page 1]


General Instructions


If you are completing this form on a computer, the data you enter will be captured using 2D barcode technology. This capture will ensure that the data you provide is accurately entered into USCIS systems. As you complete each field, the 2D barcode line at the bottom of each page will shift as data is captured. Upon receipt of your form, USCIS will use decoding equipment to extract the data from the form. Do not damage the 2D barcode (e.g., puncture, staple, spill on, write on, etc.) as this could affect the ability of USCIS to timely process your form.


USCIS provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which is downloadable for free at http://get.adobe.com/reader/.


You must properly sign and file each application must be properly signed and filed. A photocopy of a signed application or a typewritten name in place of a signature is not acceptable.


If you are under 14 years of age, your parent or legal guardian may sign the application on your behalf.


An application is not considered properly filed until accepted by USCIS.


Evidence. You must submit all required initial evidence and supporting documentation with your application at the time of filing. If you are electronically filing this application, you must follow the instructions provided on the USCIS Electronic Immigration System (USCIS ELIS) Web site at www.uscis.gov/uscis-elis. Also refer to the most recently published Federal Register notice specific to the country designation under which you are applying.


Biometrics Services Appointment. After USCIS receives your application and ensures it is complete, the agency will inform you in writing (or through electronic notice if you e-file your application in USCIS ELIS) if you need to attend a biometrics services appointment. If an appointment is necessary, the written notice will provide you with the location of the local USCIS Application Support Center (ASC) and the date and time of your appointment. If you fail to attend your biometrics services appointment, USCIS may deny your application.



[Page 2]


Copies. You may submit a legible photocopy of documents requested, unless the instructions specifically state that you must submit an original document. Original documents submitted when not required may remain a part of the record and USCIS will not be automatically return them to you.


Translations. Any document you submit to USCIS with information in a foreign language must be accompanied by a full English translation. The translator must certify that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English.




How To Fill Out Form I-821


  1. Type or print in black ink.


  1. If you need extra space to complete any item, attach a separate sheet of paper. Write your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers (e.g., Part 4., Item Number 5.a.); and date and sign each sheet.


  1. Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” leave the space blank or type or print “N/A” in the appropriate space. However, you must respond to the following questions:


A. Part 1.;

B. Part 2., Item Numbers 1.a., 1.b., 2.b.2.g., 7., 10., and 11.;

C. Part 4.; all questions; and

D. Parts 5., 6., and 7.


New


[Page 2]


Specific Instructions


1. USCIS ELIS Account Number (if any). If you, your spouse, or children previously filed a benefit request using USCIS ELIS, provide the USCIS ELIS Account Number you, your spouse, or children were issued by the system. Your USCIS ELIS Account Number is not the same as your A-Number. If you, your spouse, or children were issued USCIS ELIS Account Numbers, enter them in the spaces provided.


2. Additional Information. You must provide the biometrics information requested in Part 2., Item Numbers 16. – 21. Providing this information as part of your application may reduce the amount of time you spend at your USCIS ASC appointment.


Categories and Definitions for Ethnicity and Race


A. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Item Number 16.)


B. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.


C. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.


D. Black or African American. A person having origins in any of the black racial groups of Africa.


E. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South

America (including Central America), and who maintains tribal affiliation or community attachment.


F. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.



[Page 3]


3. Form I-94 Arrival-Departure Record. Complete Item Numbers 25.a. – 25.f. in Part 2. Information About You of the form regarding the admission or travel document. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival-Departure Record, provide your I-94 admission number and date that your authorized period of stay expires or expired (as shown on the Form I-94). The I-94 admission number also is known as the Departure Number on some versions of Form I-94.


NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP Web site at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013 with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP Web site without charge. If your Form I-94 cannot be obtained from the CBP Web site, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for this service.


Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the form, even if the passport or travel document is currently expired.


4. Statement, Certification, Signature, and Contact Information of the Applicant


Select the box that indicates if you filled out this form or if someone interpreted it for you. Also check the box that indicates if someone filled out this form for you, if applicable. Every form must contain the original signature of the applicant. A photocopy of a signed application or a typewritten name in place of a signature is not acceptable. Sign and date the form and provide your daytime telephone number, mobile telephone number, and e-mail address. If you are under 14 years of age, your parent or legal guardian may sign the application on your behalf.


5. Contact Information, Certification, and Signature of the Interpreter


If you used an interpreter to read the instructions and complete the questions on this form, the interpreter must fill out this section. The interpreter must provide his or her full name, the name of his or her business or organization, an address, a daytime telephone number, and an e-mail address. He or she must also sign and date the form.


6. Contact Information, Declaration, and Signature of the Person Preparing this Application, If Other Than the Applicant


This section must contain the original signature of the person who completed this form, if other than the person in Part 2. If the person who completed this form is associated with a business or organization, he or she must provide the business/organization name and address. If the person completing this form is an attorney or accredited representative, he or she must submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with this application.





Page 1-3,






2. What Documents Should You Submit?


You do not need to provide original documents with this application.


You must give USCIS copies of documents to prove you are a national of the country designated for TPS, your date of entry into the United States, and your U.S. residence. In addition:





A. In certain circumstances, USCIS may ask you to submit original documents.



B. Copies of documents in a foreign language must be accompanied by an English translation. The translator must certify that the translation is accurate and that he or she is competent to translate the foreign language into English.


C. Documentation exception: If you are filing this application for re-registration, or renewal of temporary treatment benefits (Parts 1 and 2 on Form I-821), you do not have to submit any copies of documentation. You may, however, be asked for additional information and/or documentation in certain circumstances.





3. What Documents Do You Need to Prove Identity and Nationality?


Submit any of the following…





4. What Documents Do You Need to Prove Date of Entry Into the United States?




Submit any of the following documents:


  1. Passport;

  2. I-94 Arrival/Departure Record; or

  3. Documents specified in item number 5 below.




5. What Documents Do You Need to Prove Residence in the United States...
















































































































6. What If Documents Are Not Available...





7. Will TPS Applicants Need to Provide Fingerprints and Photographs?



Yes, except as noted below….


TPS applicants under 14 years of age who are not filing for an EAS are exempt from biometrics collection and the associated biometrics fee……Please see No. 12 for information about fee waiver requests…..


USCIS may, in its discretion, waive the collection of certain biometrics.


TPS applicants will be sent a notice scheduling them to appear at an Application Support Center (ASC) for biometrics collection. Failure to comply with this notice may result in the denial of the TPS application.








8. How Should You Prepare This Form?


A. Type or print legibly in black ink.


B. If you need extra space to complete any item, attach a continuation sheet. Write your name and Alien Registration Number (A#), if any, at the top of each sheet, indicated the item number to which the answer refers, and date and sign each sheet.


C. Answer all questions fully and accurately. If any item does not apply, please write “N/A.”



9. Where Should You File This Form...



10. What Is the Fee...



11. Are You Also Required to File Form I-765, Application for Employment Authorization?


Yes. Each applicant, regardless of age, must also submit a completed Form I-765, even if employment authorization is not being requested. As noted in No. 10, What is the Fee?, only those applicants requesting employment authorization must pay the fee for Form I-765.













NOTE: An Employment Authorization Document is not a travel document. If your application for TPS is granted and you must travel outside the United States and return, you must request advanced parole from USCIS by filing a Form I-131, Application for Travel Document, with the appropriate USCIS office. A Form I-512 travel document will be issued to you if your request is granted.







12. May the Filing and Biometrics Fees for Forms I-821 and I-765 Be Waived?



Yes. If you are unable to pay the filing and biometrics fees, 8 CFR 103.7(c) states that you may apply for a waiver of fees. To request a fee waiver, a person requesting an immigration benefit must submit a written request for permission to have their request processed without payment of a fee with their benefit request. The request must state the person’s belief that he or she is entitled to or deserving of the benefit requested, the reasons for his or her inability to pay, and evidence to support the reasons indicated. There is no appeal of the denial of a fee waiver request.










































































13. What If I Change My Address...



14. What Is Our Authority for Collecting This Information...



15. Do You Need USCIS Forms or Information...



16. Reporting Burden…


[Pages 3]


General Requirements


1. What documents should you submit?


You do not need to provide original documents with this application.


You must give USCIS copies of documents to prove you are a national of a country designated for TPS (or have no nationality and last habitually resided in a country designated for TPS), your date of entry into the United States, and your U.S. residence. In addition:


a. In certain circumstances, USCIS may ask you to submit original documents.




[See “Copies” above in General Instructions section.]







b. Documentation exception: If you are filing this application for re-registration (Part 1., Item Number 1.b.of Form I-821), you do not have to submit any copies of documentation. However, USCIS may ask you for additional information and/or documentation in certain circumstances.



[Page 4]


2. What documents do you need to prove identity and nationality?


Examples of documents that you can submit include copies of any of the following…



3. What documents do you need to prove date of entry into the United States to meet the continuous residence requirement for this program?


Examples of documents that you can submit include copies of any of the following:

  1. Passport;

  2. Form I-94, Arrival-Departure Record; or

  3. Documents specified in Item Number 4. below.



4. What documents do you need to prove residence in the United States...


NOTE: In all of these documents, your name and the name of the employer or other interested organization must appear on the form or letter, as well as relevant dates. Letters from employers must be in affidavit form and the employer must also sign and attest to the affidavit under penalty of perjury.


Such letters must include:


(1) Your address at the time of employment;


(2) Exact periods of employment;


(3) Periods of lay off; and


(4) Duties with the company.


If employment records are unavailable, submit an affidavit explaining why you cannot obtain these records. Your employer must sign and attest to the affidavit under penalty of perjury…




[Page 5]


5. What documents should I submit if I was arrested or convicted for a criminal offense?


A. Court Disposition Records


If you were ever arrested, charged, and/or convicted for a criminal offense, you will need to provide court disposition records.


Provide a certified copy of all arrest reports, court dispositions, sentencing documents, and any other relevant documents. You may also include any mitigating evidence concerning the circumstances of your arrests or convictions that you would like USCIS to consider if you have been arrested or convicted of a crime. If you were placed on probation, you must provide evidence to show that you completed your probationary period.


You do not need to submit documentation for traffic fines and incidents (unless the traffic fines or incidents were alcohol- or drug-related) that did not involve an actual arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, if you were arrested for any traffic offense, provide disposition documentation, so USCIS can properly assess whether your conviction may relate to your TPS eligibility.



NOTE: Provide the conviction and disposition documentation even if your records were sealed, expunged, or otherwise cleared. You must provide the documentation even if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record or that you do not have to disclose the information.


B. Particularly Serious Crimes and Serious Nonpolitical Crimes


If you were ever convicted of or ever committed a “particularly serious crime” that constitutes a “danger to the community of the United States,” or there are serious reasons for believing that you have committed “serious nonpolitical crimes” outside of the United States before your arrival in this country, you cannot be granted TPS. USCIS will make the determination as to whether your crimes fall into either of these categories. You must, however, provide information and, if available, any supporting documentation on all crimes which you have committed or were convicted of in the United States or outside of this country so that USCIS can make an appropriate decision. If you believe that any of your arrests or convictions were based on political reasons, describe why in your supplemental statements.



6. What if documents are not available...



[Page 6]


7. Will TPS applicants need to provide fingerprints and photographs?


A. Yes. Except as noted below, all applicants for initial registration, re-registration, or renewal of TPS must provide… Applicants 14 years of age and older must submit the $85 biometrics services fee or a fee waiver request. See Item Number 9. belwo for information about fee waiver requests.


B. TPS applicants under 14 years of age who are not filing for an EAD are exempt from biometrics collection.


C. USCIS may, in its discretion, waive the collection of certain biometrics.


D. When a biometrics appointment is necessary, USCIS will send a notice to TPS applicants scheduling them to appear at an ASC for biometrics collection. Failure to comply with this notice may result in the denial of the TPS application.



[See General Instructions]


















[See Where to File]



[See What is the Filing Fee]



8. Are you also required to file Form I-765, Application for Employment Authorization?


Yes. For administrative reasons, each applicant, regardless of age, must also submit a completed Form I-765, even if employment authorization is not requested. As noted in the What Is the Filing Fee section of these instructions, only those applicants requesting employment authorization must pay the filing fee for Form I-765.


If you are under 14 years of age or over 65 years of age, you may request an Employment Authorization Document (EAD) without fee when filing an initial TPS application. All applicants, regardless of age, must pay the Form I-765 filing fee if requesting an EAD when submitting a TPS re-registration application.


NOTE: An EAD is not a travel document. If your application for TPS is granted and you must travel outside the United States and return, you must request advanced parole from USCIS by filing Form I-131, Application for Travel Document. USCIS will issue a Form I-512 travel document to you if your request is granted. For more information on filing Form I-131, visit the USCIS Web site at www.uscis.gov/ I-131 or call the USCIS National Customer Service Center at 1-800-375-5285. For TDD (deaf or hard of hearing) call: 1-800-767-1833.



9. May the filing and biometrics services fees for Forms I-821 and I-765 be waived?


Yes. If you are unable to pay the filing and biometrics fees, 8 CFR 103.7(c) states that you may request a waiver of the fees. To request a fee waiver, a person requesting an immigration benefit must submit a written request or a Form I-912, Request for Fee Waiver, accompanied by documentation of your inability to pay the required fees. In your request you should indicate why you believe you are entitled to or deserving of the benefit requested, the reason for your inability to pay the fees, and evidence to support the reasons you give. You may not appeal the denial of your fee waiver request.




10. Can any of the grounds of inadmissibility that apply to tps be waived if an applicant is found to be inadmissible on one or more of those grounds?


Yes, USCIS may waive some, but not all, of the grounds of inadmissibility in section 212(a) of the INA applicable to TPS, as a matter of discretion, provided that USCIS determines that a waiver is appropriate for humanitarian purposes, to assure family unity or is otherwise in the public interest. If you are subject to an inadmissibility ground that may be waived, USCIS will send you a notice informing you of your opportunity to apply for a discretionary waiver on Form I-601, Waiver of Grounds of Inadmissibility. If you already know that you are inadmissible on a waivable ground that requires a Form I-601 for TPS purposes, you may also file the Form I-601 with the appropriate fee (or Form I-912 or fee waiver request) at the time you file your Form I-821.


Please note that USCIS cannot waive some inadmissibility grounds cannot be waived, by law, including certain criminal grounds in INA 212(a)(2)(A-C) and national security, terrorism-related, and persecution grounds in INA 212(a)(3)(A-C, E). If you answered "Yes" to any of the questions in Part 4. Eligibility Standards that are not related to crimes, national security, terrorism, genocide, persecution of others, or human rights abuses, you may be able to obtain a discretionary waiver. For further information on procedures for applying for a waiver, see the TPS section of the Form I-601 instructions and additional information on the TPS page on the USCIS Web site at www.uscis.gov/tps. You may also wish to obtain legal advice if you believe you may be subject to any ground of inadmissibility or another TPS ineligibility ground.


If you are re-registering for TPS and you were already granted a waiver of a ground of inadmissibility in conjunction with your prior TPS application, you do not need to seek another waiver for the same action, incident, or circumstance. For example, if on a prior TPS application, USCIS previously granted you a waiver of the health ground of inadmissibility because you had tuberculosis that was treated, you do not need to apply for another waiver for that same health incident. However, you would need to file for a waiver if you have contracted another communicable disease for which a waiver is necessary.



[See Address Change]



[See USCIS Privacy Act]




[See USCIS Forms and Information]




[See Paperwork Reduction Act]


Page 2,

10. What Is the Fee?






A. An initial (i.e., first-time) applicant must submit:



A. A $50 application fee for Form I-821; and



B. A $85 fee for biometric services, including fingerprints, photograph, and signature, if required. (See No. 7, Will TPS Applicants Need to Provide Fingerprints and Photographs?); and


C. A $380 fee for Form I-765, Application for Employment Authorization, if you are between the ages of 14 and 65 (inclusive) and seeking employment……










































Make the check or money order payable to the Department of Homeland Security, except:


  1. If you live in Guam and are filing your application there, make the check or money order payable to “Treasurer, Guam”: or;



  1. If you live in the U.S. Virgin Islands and you are filing your application there, make the check or money order payable to “Commissioner of Finance of the Virgin Islands.”



NOTE: When preparing your check or money order, spell out Department of Homeland Security. Do not use the initials “USDHS” or “DHS.”



How to Check If the Fees Are Correct


The fees on this form are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:


  • Visit our Web site at www.uscis.gov, link to FORMS, and scroll down to check the appropriate fees by form; or


  • Review the Fee Schedule included in your form package, if you called us to request the form; or


  • Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.



NOTE: If your petition or application requires a biometric services fee for USCIS to take your fingerprints, photograph or signature, you can use the same procedure above to confirm the biometrics fee.


[Page 7]


What Is the Filing Fee?


1. An initial (first-time) applicant must submit a $50 application fee for Form I-821. Additionally:


A. If you are 14 years of age or older, an $85 biometrics services fee is required; and


B. If you are seeking employment authorization, you must submit a $380 filing fee and the Form I-765, if you are between the ages of 14 and 65 (inclusive).


C. If you are not seeking employment authorization, you must still file the Form I-765, but you do not need to pay the filing fee.


NOTE: Applicants under 14 years of age and over 65 years of age may request an EAD without a fee when filing for initial TPS registration.


2.An applicant for TPS re-registration must submit the completed Form I-821 but is not required to pay the filing fee, unless:


A. You are 14 years of age or older; then, an $85 biometrics services fee is required; and


B. Regardless of your age, if you are filing Form I-765 to request an EAD with your re-registration, a $380 filing fee for Form I-765 is required.


C. If you are not seeking employment authorization, you must still file Form I-765, but you do not need to pay the fee.


3. You must submit the fees in the exact amount. Fees cannot be refunded. Do not mail cash. Please ensure that if a check or money order is drawn on the account of a person other than yourself, your name appears in the lower left corner on the face of the check or money order. If the check is not honored, USCIS will charge you check or money order. If the check is not honored, USCIS will charge you $30.



Use the following guidelines when you prepare your check or money order:


  1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


  1. Make the check or money order payable to U.S. Department of Homeland Security.


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”












How to Check If the Fees Are Correct


The filing and biometrics services fees on this form are current as of the edition date appearing in the lower left corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:


  1. Visit our Web site at www.uscis.gov, select “FORMS” and check the appropriate fee; or



[Deleted]



  1. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for the fee information. For TDD (deaf or hard of hearing) call: 1-800-767-1833.


[Deleted]


Page 2,

9. Where Should You File This Form?





For filing instructions, refer to the most recently published Federal Register notice specific to the designation under which you are applying. You may also check the USCIS Web site at: www.uscis.gov/tps and choose a TPS country-specific page, or contact the USCIS National Customer Service Center at 1-800-375-5283.

[Page 8]


Where To File?


For filing instructions, refer to the most recently published Federal Register notice specific to the country designation under which you are applying. You may also check the USCIS Web site at: www.uscis.gov/tps and choose a TPS country-specific page, or contact the USCIS National Customer Service Center at 1-800-375-5283. For TDD (deaf or hard of hearing) call: 1-800-767-1833.


Page 3,

13. What If I Change My Address?





If you change your address after filing for TPS, you must complete and mail us a Form AR-11, Alien’s Change of Address Card. Mail the completed form to the address specified on the form. You are also advised to mail a copy of your completed AR-11 together with copies of your application and any related USCIS documents or correspondence to the USCIS office having jurisdiction over your application for TPS. Retain a copy of your Form AR-11 for your records. You can also file your AR-11 on line. To do so, visit our Web site at www.uscis.gov and click on “Online Change of Address” in Related Links.


[Page 8]


Address Change


You must inform USCIS if you change your address.  For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TDD (deaf or hard of hearing) call:

1-800-767-1833.


NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the USCIS Lockbox facilities do not process change of address requests.


New


[Page 8]


Processing Information


Initial Processing

After USCIS accepts your Form I-821, the agency will check it for completeness, including submission of the required initial evidence. If you do not completely fill out the form and required supplements, or file it without the required initial evidence, you will not establish a basis for eligibility, and we may deny your Form I-821.


Requests for More Information or Interview


USCIS may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required.


Decision

The decision on your Form I-821 involves a determination of whether you have established eligibility for the requested benefit. USCIS will notify you of the decision in writing.


New


[Page 8]


Penalties

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-821, we will deny your Form I-821 and may deny any other immigration benefit.


In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.


Page 3,

15. Do You Need USCIS Forms or Information?





To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations, or procedures by calling our National Customer Service Center at 1-800-375-5283 or visiting our Internet Web site at www.uscis.gov.


[Page 9]


USCIS Forms and Information


To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676.   You may also obtain forms and information by calling the USCIS National Customer Service Center at

1-800-375-5283. For TDD (deaf or hard of hearing) call: 1-800-767-1833.


As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through the USCIS Internet-based system, InfoPass. To access the system, visit the USCIS Web site at infopass.uscis.gov/. . Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.


Page 3,

14. What Is Our Authority for Collecting This Information?





We request the information on the form to carry out the immigration laws contained in Title 8, United States Code, Section 1154(a). We need this information to determine whether you are eligible for immigration benefits.


The information you provide may also be disclosed to other Federal, State, local, and foreign

[Page 9]


USCIS Privacy Act Statement


AUTHORITIES: Section 244 of the Immigration and Nationality Act (INA), as amended and 8 CFR 244.9 authorize USCIS to collect the information and the associated evidence for this benefit application. INA 264(f) (8 U.S.C. 1304(f)) also provides the Secretary of Homeland Security with the authority to collect SSN information.


PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the Temporary Protected Status for which you are filing. The information you provide may also be used to grant or deny the benefit sought.


DISCLOSURE: USCIS may also use the information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in denial of your request for Temporary Protected Status.


ROUTINE USES: The information you provide on this benefit application may be disclosed to other Federal, state, local, and foreign government agencies and authorized organizations in accordance with approved routine uses, as described in the associated published system of records notices, DHS-USCIS-007 - Benefits Information System, DHS/USCIS-001 - Alien File, Index, and National File Tracking System of Records and DHS/USCIS-015 - Electronic Immigration System-2 Account and Case Management System of Records , which can be found at www.dhs.gov/privacy. USCIS may also make the information available, as appropriate, for law enforcement purposes or in the interest of national security.


Page 3,

Reporting Burden






Under the Paperwork Reduction Act, an agency may not conduct or sponsor an information collection, and a person is not required to respond to an information collection unless it displays a currently valid OMB control number.


We try to create forms and instructions that are accurate, can easily be understood, and impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.


The estimated average time to complete this application is 1 hour and 30 minutes computed as follows: 1) learning about the form and understanding the instructions, 30 minutes; 20 collecting the necessary supporting documents, 15 minutes; 3) completing the form, 15 minutes; and 4) traveling to and waiting at a preparer’s office (e.g., attorney or voluntary agency), 30 minutes.


If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to: U.S. Citizenship and Immigration Services, Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts Avenue, N.W., Washington, DC 20529-2020. OMB No. 1615-0043. Do not mail your completed application to this address.


[Page 9]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 1 hour and 55 minutes per response, including the time for gathering the required documentation and information, reviewing the instructions, and completing and submitting the application. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0043. Do not mail your completed Form I-821 to this address.

New [Relocated from form to instructions]


[Page 10]


CHECKLIST


Please ensure that you complete the following actions before you file Form I-821 with USCIS.


Did you answer each question?


Did you sign your Form I-821?


Did you include the required applications and filing and biometrics services fees (or Form I-912, Request for Fee Waiver, or a written request for a waiver of the filing fees)?


Did you include full, certified English language translations for any supporting document containing information in another language, with your application?


Did you include the supporting evidence to prove identity, nationality, date of entry, and residence, with your application?


Did you include other required supporting documents (such as photos, etc.) for your application?


If you were ever arrested or convicted for any criminal offense, did you include certified copies of all arrest report(s), court disposition(s), sentencing(s) documents, and any other relevant document(s)?


Did you include Form I-765, Application for Employment Authorization? If you are also requesting employment authorization, did you submit the Form I-765 filing fee (if applicable) or Form I-912 or a written request for a waiver of the filing fee? (See instructions, General Requirements, Item Numbers 8. and 9.).


If you used an interpreter and/or preparer to complete this application, did he or she complete Part 6. and/or Part 7. on your Form I-821?



2


File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleInstruction TOC Form I-821
AuthorPost, Elizabeth A
File Modified0000-00-00
File Created2021-01-28

© 2024 OMB.report | Privacy Policy