Monday, January 18, 2010

Temporary Protected Status Designated for Haiti

Department of Homeland Security Secretary Janet Napolitano has designated Temporary Protected Status (TPS) for Haiti due to the devastating earthquake and aftershocks. The duration of TPS designation for Haiti will be 18 months. As a result, Haitians in the US (and other individuals without nationality who last habitually resided in Haiti) will be able to file applications for TPS. DHS estimates that approximately 100,000 to 200,000 individuals will be eligible for TPS.

To be eligible for TPS, individuals 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 the date of the Federal Register Notice publication, and
* Meet certain immigrant admissibility requirements, and other TPS eligibility requirements (See INA § 244(c), 8 U.S.C. § 1254a and 8 C.F.R. §§ 144.2-244.4.)
* Satisfactorily complete all TPS application procedures as described in the Federal Register notice announcing Haitian TPS, the TPS application instructions (Form I-821), and regulations at 8 C.F.R. §§ 244.6 - 244.9.

When to apply for TPS:
The registration period will start on the date the Federal Register notice is published and continue for 180 days from that date. Applications must be filed during this 180-day registration period.

Individuals must register 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.

For more information regarding how to apply for TPS, please see