Temporary Protected Status- Haiti

The Department of Homeland Security (DHS) Secretary, Janet Napolitano, has determined that an 18-month designation of Temporary Protected Status (TPS) for Haiti is warranted because of the devastating earthquake and aftershocks which occurred on January 12, 2010. This designation of Haiti for TPS is effective on January 21, 2010, and will remain in effect through July 22, 2011. Under this designation, Haitian nationals (and aliens having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since January 12, 2010, and who remain in continual physical presence in the United States from January 21, 2010, may apply for TPS within the 180-day registration period that begins on January 21, 2010 and is effective until July 20, 2010. These Haitian nationals also may apply for employment authorization documents and for permission to depart from and return to the United States.

What is Temporary Protected Status (TPS)?

TPS is a temporary immigration status granted to eligible nationals of a certain country (or persons without nationality who last habitually lived in that country) designated by the Secretary of Homeland Security because that country has experienced temporary negative conditions, such as armed conflict or an environmental disaster, that prevent nationals of the country from returning safely or for the country to handle their return adequately. TPS beneficiaries are allowed to remain in the United States and can legally work for a set time period.

Who is eligible for TPS?

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 U.S. since January 12, 2010
• Have been continuously physically present in the U.S. since January 21, 2010, and
• Meet certain immigrant admissibility requirements, and other TPS eligibility requirements.
• Satisfactorily complete all TPS application procedures.

*Note: El Salvador, Honduras, Nicaragua, Somalia and Sudan have also been designated for Temporary Protected Status. If you are a national of one of those countries, please contact us for more information.

I am a Haitian national; when can I submit my initial application for TPS?

The 180-day registration period for eligible individuals to submit their TPS applications begins January 21, 2010, and will remain in effect until July 20, 2010.

How do I prove continuous physical presence and continuous residence in the United States?

There are a number of different types of documents that you can submit proving your continuous residence in the United States since January 12, 2010 and your continued physical presence in the United States since January 21, 2010. 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 U.S.

Can I use TPS as a basis for obtaining permanent resident status?

No.  TPS is a temporary benefit that does not lead to lawful permanent resident status by itself or confer any other immigration status.

May I apply for another immigration benefit while registered for TPS? 

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.

How does an application for TPS affect my application for asylum or other immigration benefits?

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 an alien’s ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. (For example, an alien who has been convicted of an aggravated felony is not eligible for asylum or TPS.)

If a person who has been granted TPS has a family or employment -based petition approved on his/her behalf and a priority date that is current, he/she can only adjust status in the United States if he/she was inspected and admitted, or paroled, and (with few exceptions) has maintained lawful status while in the United States. If he/she entered the United States illegally or fell out of a legal status before or after having TPS, he/she may be ineligible to adjust status in the United States. For adjustment purposes, the time that a person is in TPS is considered as a period of lawful non-immigrant status, but merely having TPS does not “cure” all other periods of time before and after TPS when the person may not have had lawful status.

Can I obtain a travel document to travel outside the U.S. and return? If I violate the terms and conditions of my status or have been in the U.S. without lawful status and then leave the U.S., will I be able to come back?

If you are granted TPS, you may apply for advance parole by filing an Application for Travel Document. If approved, you’ll be given an advance parole document. An advance parole document allows you to depart the U.S. and re-enter as long as the advance parole document remains valid.

• Advance parole cannot be granted for longer than the period of time your country is designated for TPS.
• Advance parole is within the discretion of DHS and is not guaranteed.

Any violation of immigration law can affect your eligibility to reenter the U.S. In some instances failure to obey the law may permanently bar your return. This is true even if you have a visa, advance parole or other document, or at some point otherwise become eligible for status. USCIS will not make a determination as to whether you may be inadmissible in advance, even if you apply for an advance parole.

• The best way to ensure that you will not have a problem is to make sure you meet your commitment, and as a guest of the U.S., ensure that you fully understand the terms and conditions of your status, and do not violate them. If you believe you may have violated your status, you may want to seek legal advice about the possible impact on your ability to reenter the U.S. in the future.
• You may also want to seek legal advice if you have been illegally present in the U.S. at any time and you anticipate leaving the U.S., even with approved advance parole.  You could be found ineligible for certain immigration benefits in the future if you leave the U.S. because your departure may trigger the unlawful presence ground of inadmissibility in section 212(a)(9) of the INA.

What might make me ineligible for TPS?

• A person who has been convicted of any felony, or two or more misdemeanors committed in the United States is not eligible for TPS.
• A person subject to several other criminal and security-related bars to asylum is also ineligible. This would include participating in the persecution of another individual or engaging in or inciting terrorist activity. 

Overview of the Process

1. Prepare, complete and file an Application for Temporary Protected Status and an Application for Employment Authorization
2. Fingerprinting