Temporary Protection Status: FAQs
As a result of the recent earthquake in Haiti, the USCIS has implemented the Temporary Protection Status program for Haitian nationals in the United States. Below are some frequently asked questions about this program:
In January of 2010, the Department of Homeland Security Secretary, Janet Napolitano, announced that Haitians may temporarily remain in the United States under the 18-month designation of Temporary Protected Status. As a result of the earthquake, Haitians who live in the United States are unable to return safely to their country. This means Haitian nationals, as well as other individuals without nationality who last habitually resided in Haiti, present in the United States prior to January 12, 2010 are allowed to remain and work in the United States regardless of their current status until it is safe to return to Haiti.
In addition, deportations of Haitians in the United States have been suspended as of January 13, 2010. For more information on Haitians in the U.S. who are eligible to apply for TPS please contact The Law Offices of N.M. Gehi, P.C.
What is Temporary Protected Status?
TPS is granted by the Secretary of Homeland Security to eligible nationals of a certain country (or persons without nationality who last habitually lived in that country) who have experienced temporary negative conditions, such as armed conflict, environmental disaster, or extraordinary and temporary conditions, that prevent nationals of the country from returning safely or for the country to handle their return adequately. TPS allows for beneficiaries to remain in the United States and legally work for a set time period until they can safely return home.
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?
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.
• Meet certain immigrant admissibility requirements, and other TPS eligibility requirements
• Satisfactorily complete all TPS application procedures as described in the Federal Register notice announcing Haitian TPS
If I am a student or have another immigration status, can I also apply for TPS?
Yes. If you are eligible, you may have TPS in addition to your other status.
Who is a Haitian national?
Under U.S. Immigration law a “national” as “a person owing permanent allegiance to a state.” USCIS also looks to Haitian law to determine who meets the definition of a national. Haiti’s constitution states “any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of their birth.” A person can also acquire Haitian citizenship through naturalization under Haitian law. There are circumstances under which a Haitian can lose his or her citizenship, such as voluntary renunciation of Haitian citizenship. You will be accepted as a Haitian national for TPS purposes if you provide documentary support that satisfactorily demonstrates you meet the criteria for such a national as defined by Haitian law. If you have any questions as to whether you are a Haitian national, please contact The Law Offices of N.M. Gehi, P.C.
When can I submit my initial application for TPS?
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.
How do I apply for TPS?
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 (see table below) or fee waiver requests, and supporting documentation. Please contact The Law Offices of N.M. Gehi, P.C. for more information on filing. I am a national of Haiti and arrived in the United States after Jan. 12, 2010. Am I eligible for TPS? 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.
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?
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.
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 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.
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