USCIS officials have responded to the devastating earthquake that rocked Haiti on January 12, 2010 by offering Temporary Protected Status (TPS) to Haitian nationals who have been physically present in the U.S. since that date. In addition, USCIS officials have announced that they will expedite a variety of applications pending for Haitian nationals including expediting approvals on certain family based and humanitarian applications.
TPS allows its beneficiaries to remain in the U.S, obtain work authorization, and, in most cases, permission to leave and re-enter as well. In most cases, it can result in freedom for detained immigrants and even halt deportation. But there are exceptions and time to register is limited. Eligible individuals who miss the July 20 deadline will likely be denied the right to register in the future and extensions to TPS may well last more than a decade.
At present seven countries, including Haiti have been designated for TPS. In the case of El Salvador, more than 230,000 people have been granted that status which was initially approved for Salvadorans who were in the U.S. on on February 13, 2001 and extended at regular intervals since that date. A person in TPS is considered to be in legal status in the U.S. and is eligible for changes of status and adjustment of status to permanent resident if they otherwise qualify. But those who initially entered or resided illegally in the U.S. and subsequently obtain travel permission may face increased difficulties after they return and should consult with an immigration attorney before traveling outside the U.S.!
Most importantly, TPS is NOT only for individuals living illegally in the U.S. Those who are here legally as visitors, students, and temporary workers can – and in many cases should- apply for TPS. It may allow them to live and work legally in the U.S. long after their current status expires.
Frequently Asked Questions (FAQs)
Which countries have been designated for TPS?
If I miss the July 20 deadline, can I apply for TPS if it is extended?
You mentioned that USCIS has agreed to expedite certain types of applications what does this mean?
What temporary relief measures aside from Temporary Protected Status, will USCIS make available to Haitian nationals in response to the earthquake devastating that country?
Who will be eligible for temporary relief?
I am a Haitian national; I have a pending case with USCIS and need my case expedited due to the earthquake in Haiti. What are my options?
I am a Haitian national; and currently I cannot return to Haiti due to the earthquake and would like to apply for TPS. Am I eligible to apply for TPS?
If I am a student or have another immigration status, can I also apply for TPS?
When can I submit my initial application for TPS?
How do I apply for TPS?
Does this mean I have to file the work card application even if I do not want the work card?
What type of basic supporting documentation must I submit?
What is acceptable evidence of Haitian nationality? What if I cannot get the documentation proving that I am a Haitian national due to the devastation in my country?
What might make me ineligible for TPS?
How do I prove continuous physical presence and continuous residence in the United States?
Where do I submit my TPS package applications?
What happens after my application is filed?
I am a national of Haiti and arrived in the United States after Jan. 12, 2010. Am I eligible for TPS?
If I resided in the United States before Jan. 12, 2010, but was temporarily out of the country on either Jan. 12, or on Jan. 21, when the TPS designation became effective, or both dates, am I eligible for TPS?
May I apply for another immigration benefit while registered for TPS?
How does an application for TPS affect my application for asylum or other immigration benefits?
What will be the process for detained individuals to apply for TPS?
I am in the United States on an order of removal, am I eligible to apply for TPS?
Can I appeal a denial of my TPS application?
Answers
Q. Which countries have been designated for TPS?
A. Burundi, El Salvador, Haiti, Honduras, Nicaragua, Somalia, and Sudan.
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Q. If I miss the July 20 deadline, can I apply for TPS if it is extended?
A. Probably not. In the past, applicants who have missed the initial filing deadlines have generally been ineligible to apply in the future if TPS is extended
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Q. You mentioned that USCIS has agreed to expedite certain types of applications what does this mean?
A. On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), today announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.
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Q. What temporary relief measures aside from Temporary Protected Status, will USCIS make available to Haitian nationals in response to the earthquake devastating that country?
A. Temporary relief measures available to nationals of Haiti include favorable adjudication, where possible, of requests for change or extension of nonimmigrant status, acceptance of applications for change or extension of nonimmigrant status submitted after the alien’s authorized period of admission has expired, re-parole of aliens granted parole by USCIS, extension of certain grants of advance parole, expedited processing of advance parole requests, favorable and expedited adjudication, where possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students, expedited processing of immigrant petitions for children of U.S. citizens and lawful permanent residents (LPRs), issuance of employment authorization where appropriate and assistance to LPRs stranded overseas without documents.
Q. Who will be eligible for temporary relief?
A. All nationals of Haiti with current immigration benefits or benefit applications pending with USCIS will be eligible for temporary relief.
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Q. I am a Haitian national; I have a pending case with USCIS and need my case expedited due to the earthquake in Haiti. What are my options?
A. Given the need for immediate relief, USCIS will expedite certain applications. Standard requirements for security checks remain in place under expedited procedures.
Expedite Processing:
Relative Petitions for Minor Children of legal permanent residents and U.S. Citizens Residing in Haiti:
In cases where the petitioner requests expedited processing of a Form I-130, Petition for Alien Relative, for a child from Haiti, the case will be expedited where a visa number is readily available.
Requests for Advance Parole:
Haitian nationals with benefit applications pending in the United States may need to travel quickly for emergent reasons and will need to apply for advance authorization for parole to return to the United States. USCIS will expedite the Form I-131, Application for Travel Document
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Q. I am a Haitian national; and currently I cannot return to Haiti due to the earthquake and would like to apply for TPS. Am I eligible to apply for TPS?
A. To qualify, you must:
- Be a national of Haiti, or a person without nationality who last habitually resided in Haiti;
- Have continuously resided in the United States since Jan. 12, 2010.
- Have been continuously physically present in the United States since the date of the Federal Register Notice publication, which will be Jan. 21, 2010.
- Not be ineligible due to certain criminal convictions, security concerns, or past persecution of other
- Satisfactorily complete all TPS application procedures
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Q. If I am a student or have another immigration status, can I also apply for TPS?
A. Yes. If you are eligible, you may have TPS in addition to your other status.
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Q. When can I submit my initial application for TPS?
A. The six-month registration period began on Jan. 21, 2010, the date the Federal Register Notice is published, and continues through July 20, 2010. You must file during the registration period and your application must be postmarked on or before the last day of the registration period.
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Q. How do I apply for TPS?
A. You must register for TPS by filing both an Application for Temporary Protected Status, Form I-821, and an Application for Employment Authorization, Form I-765, with any appropriate fees, $140 basic fee + $340 if you want an employment authorization card. For a child under the age of 14, the fees are a total of $50.
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Q. Does this mean I have to file the work card application even if I do not want the work card?
A
Yes, but you do not need to pay the work card fee if you do not want the work card. In that case, you pay only the basic fee.
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Q. What type of basic supporting documentation must I submit?
A
In addition to your applications, you must submit:
- Two color passport-style photographs of yourself;
- Evidence that you are a national of Haiti or a person with no nationality who last habitually resided in Haiti.
- Evidence that you have continuously resided in the United States since January 12, 2010; and have been continuously physically present in the United States since Jan. 21, 2010, (such as letters from your current and former employers showing where you have worked, rent receipts, payroll stubs, bank statements, school records, or any other documents you may have showing your continuous physical presence and residence in the United States.)
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Q. What is acceptable evidence of Haitian nationality? What if I cannot get the documentation proving that I am a Haitian national due to the devastation in my country?
A
There are many different types of documents you can submit to us proving you are a Haitian national, such as a copy of your Haitian passport, a copy of your Haitian Identity Card, a copy of your Haitian naturalization documentation, a copy of your birth certificate, copies of your Haitian school records (if you have them), your baptismal certificate, or nationality documentation issued by a Haitian Embassy or Consulate in the U.S. If you do not have any primary evidence of your Haitian nationality, then you can submit secondary evidence, such as affidavits from friends or family members who have close personal knowledge of the date and place of your birth and your parents' nationality.
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Q. What might make me ineligible for TPS?
A
You might be ineligible for TPS if you have been convicted of any felony, or two or more misdemeanors committed in the United States or are subject to several other criminal and security-related bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity.
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Q. How do I prove continuous physical presence and continuous residence in the United States?
A
There are a number of different types of documents that you can submit to prove that you have continuously resided in the United States since January 12, 2010, and that you have been continuously present in the United States since Jan. 21, 2010, the effective date of the designation of Haiti for TPS. For example, you can submit job letters from your current and former employers showing where you have worked, rent receipts, payroll stubs, bank statements, school records, or any other documents you may have showing your continuous physical presence and continuous residence in the United States.
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Q. Where do I submit my TPS package applications?
A
This information is available in the Federal Register Notice published on Jan. 21, 2010. Electronic filing is not available for initial TPS registrations. Applicants living in Florida will mail their applications to USCIS, P.O. Box 4464, Chicago, IL 60680-4464. Applicants living in New York will mail the application to USCIS, P.O. Box 660167, Dallas, TX 75266-0167. All other applicants should mail their applications to USCIS, P.O. Box 24047, Phoenix, AZ 85074-4047
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Q. What happens after my application is filed?
A
Once you file, your case will undergo several steps along the way. When you file your TPS application with the Lockbox facility, the Lockbox facility will review your application for completeness and for the proper fee or a properly documented fee waiver request. After your application has been accepted, you will be scheduled for an appointment at an ASC for your biometrics (fingerprints and photographs) capture. Your work card will be issued within 90 days of the filing of the application, if you have submitted the required documentation and appeared for biometrics as required. No interview is required.
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Q. I am a national of Haiti and arrived in the United States after Jan. 12, 2010. Am I eligible for TPS?
A
No. To be eligible for benefits, nationals of Haiti (or persons having no nationality who last habitually resided in Haiti) must have continuously resided in the United States since January 12, 2010.
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Q. If I resided in the United States before Jan. 12, 2010, but was temporarily out of the country on either Jan. 12, or on Jan. 21, when the TPS designation became effective, or both dates, am I eligible for TPS?
A
You must demonstrate with supporting documentation that you have both continuously resided in the United States since Jan. 12, 2010, and have been continuously present since Jan. 21, 2010, the effective date of the TPS designation for Haiti. However, a "brief, casual and innocent absence" from the United States will not break continuous residence or presence.
If you have resided in the United States since Jan. 12, 2010, but you were out of the country for any period of time covering that date or later, then you must submit supporting evidence demonstrating that your period of absence from the United States meets the criteria for a "brief, casual and innocent absence." There is no set amount of time that defines such an absence and each case will be determined on its own merits. An applicant who demonstrates that his absence from the United States was due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside of his or her control also does not break continuous residence.
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Q. May I apply for another immigration benefit while registered for TPS?
A
Yes. Registration for TPS does not prevent you from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.
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Q. How does an application for TPS affect my application for asylum or other immigration benefits?
A
An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. (For example, an individual that has been convicted of an aggravated felony is not eligible for asylum or TPS.)
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Q. What will be the process for detained individuals to apply for TPS?
A
Detained and non-detained Haitian nationals (and persons with nationality who last habitually resided in Haiti) received notice of their opportunity to apply for TPS via notice from the Federal Register. Those individuals eligible to apply for TPS may also receive notice during their immigration proceedings.
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Q. I am in the United States on an order of removal, am I eligible to apply for TPS?
A
Yes. Haitian nationals (and persons without nationality who last habitually resided in Haiti) with final orders of removal who are still in the United States may apply for TPS. However, whether an applicant is granted TPS depends on the applicant meeting all the eligibility criteria for TPS. Some Haitians were ordered removed on the basis of criminal grounds that will also disqualify them from receiving TPS. USCIS encourages Haitians with final orders of removal and those in removal proceedings to seek legal assistance regarding their TPS eligibility.
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Q. Can I appeal a denial of my TPS application?
A
Yes, if USCIS denies your application you may either file a Motion to Reopen or an appeal.
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