Following last Tuesday’s devastating earthquake, DHS Secretary Napolitano announced the designation of Temporary Protected Status (“TPS”) for Haitian nationals who were present in the United States as of January 12, 2010. USCIS plans to publish the TPS designation in the Federal Register this week.
TPS is a temporary designation for qualified nationals of a foreign country who are already in the United States in circumstances where such nationals are unable to safely return to their country of origin due to ongoing armed conflict, an environmental disaster, or other extraordinary or temporary conditions. TPS grants foreign nationals work authorization and protection against deportation for the duration of the protected status. It does not lead to permanent resident status or confer any additional immigration benefit.
There will be a six (6) month window for which you may file an application seeking TPS benefits. As is typical with TPS designations, there is a date by which applicants must have continuously resided in the United States — for Haitian Nationals applying for TPS, applicants must have continuously resided in the U.S. since January 12, 2010. The date by which applicants must have been continuously physically present will be published in the Federal Register.
TPS benefits are initially granted for a period of eighteen (18) months. The typical statutory bars to TPS benefits will apply — a Haitian national will not be eligible for TPS if s/he:
1. Has been convicted of any felony or two or more misdemeanors committed in the United States;
2. Is a persecutor, terrorist or otherwise subject to one of the bars to asylum; or
3. Is subject to one of several criminal-related grounds of inadmissibility for which a waiver is not available.
For more specific information relating to eligibility for TPS benefits, see INA section 244(c)(2) and 8 CFR §§ 244.1 – 244.4
Last night’s 60 Minutes report provided a stark picture of the unparralleled devastation and challenges faced by Haiti in the aftermath of last week’s 7.0-magnitude earthquake. Our thoughts and prayers are with the people of Haiti.
If you haven’t already done so, we would strongly encourage you to make a donation to the relief efforts in Haiti. Here are direct links to some of the organizations currently accepting donations: American Red Cross, UNICEF (1-800-4UNICEF), Yele Haiti, Care, Clinton Bush Haiti Fund, Direct Relief, Partners in Health, World Food Program, Mercy Corps (1-888-256-1900), Save the Children, Doctors Without Borders, The International Rescue Committee, Feed the Children, and Habitat for Humanity.
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