USCIS - Re-Registration Period Now Open for Salvadorans with Temporary Protected Status

Direct from USCIS  Bulletin:

" WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under El Salvador’s designation who want to maintain their status through the effective  termination date of Sept. 9, 2019, must re-register between Jan. 18, 2018, and March 19, 2018.

Re-registration procedures, including how to renew employment authorization documents, have been published in the Federal Register and on uscis.gov/tps.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free for download on USCIS’ website at uscis.gov/tps.

USCIS will issue new EADs with a Sept. 9, 2019, expiration date to eligible Salvadoran TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, USCIS recognizes that not all re-registrants will receive new EADs before their current EADs expire on March 9, 2018. Accordingly, USCIS has automatically extended the validity of EADs issued and currently valid under the TPS designation of El Salvador for 180 days, through Sept. 5, 2018. 

On Jan. 8, Secretary of Homeland Security Kirstjen M. Nielsen determined that the statutory conditions supporting El Salvador’s TPS designation on the basis of an environmental disaster are no longer met. Secretary Nielsen made her decision to terminate TPS for El Salvador after reviewing country conditions and consulting with appropriate U.S. government agencies. To allow time for an orderly transition, she also delayed the effective date of the termination for 18 months from the current expiration date of March 9, 2018. As a result of the delayed effective date, El Salvador’s TPS designation will end on Sept. 9, 2019.   

Salvadorans with TPS may wish to consult with qualified immigration attorneys or practitioners about their eligibility for another immigration status or benefit, or whether there is any other action they may want to take regarding their individual immigration circumstances." 

For more information on USCIS and its programs, you can visit www.uscis.gov or you can follow USCIS on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@uscis)."

If you want to know more about Mark Medvesky or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.medveskylaw.com.

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Bankruptcy Chapter 13 - How much will my monthly payment be? (Part 3)

This is the third part of a blog series. In Part 1, I explained the first step in determining the amount of the monthly chapter 13 payment. In Part 2, I explained the second step is to determine what debts must be paid in full through the plan. The next step is to complete the Disposable Income analysis, which is referred to as the "Means" Test.  

The means test uses a series of calculations using some local, regional and national statistics along with some actual allowable deductions from the debtors' gross income to determine what the debtors "should be able to pay" each month. This is will set the minimum monthly payment.

Also, it sets duration of the payment plan. If the calculations show the debtor's income is above the median income for the local population, the payment plan will probably be for 60 months. If the calculation show's the debtor's income is below the median income, the plan can be as short as 36 months providing the 36 payments can pay the amount of debt discussed in parts 1 and 2 of this series.

After completing the means test calculations for Jane and John, for this case, we determined their income is over the median income for their region and family size and the should have $375.00 disposable income for the plan. The plan will need to be 60 months.  

The means test is a complex analysis and really difficult to explain in detail. If you compare the minimum amount that needs to be paid ($26,000.00 see part 2) to the minimum amount required above ($375.00), you will find it is not enough to pay off the full debt.

The next step is to determine actual disposable income. In upcoming parts of this series I will discuss actual disposable income, the trustee's commission, and try to wrap all this with an estimated payment.

If you want assistance, legal representation, or just want to know more about me, Mark M. Medvesky, or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.whhmlaw.com.

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