Designation of Haiti Under Temporary Protected Status

Various forms of immigration relief have been undertaken by the United States of America as a result of the January 12, 2010 Haiti Earthquake that has devastated the west Department of this country, particularly the city capital of Port-au-Prince. An estimated 100, 000 undocumented Haitians living in the United States are expected to apply for TPS, starting January 21, 2010. If this status is granted, the beneficiaries will be able to work and stay in this United States temporary for the next eighteen months.

What is TPS?

Temporary Protected Status is a form of relief granted to qualified undocumented persons in the United States who are unable to safely return to their home country because of an extraordinary condition such as, armed conflict and natural disasters. TPS is not asylum or permanent residence, for it can be extended or terminated when it is expired by the Department of Homeland Security.

Who is ilegible for TPS?

To be eligible for TPS the applicant must prove that she or he is a national of Haiti. That person should be present in this United States on or before January 12, 2010. Individuals convicted of two misdemeanors or one felony will not be qualified for TPS. The application should be timely filed, and the applicant must pay the required fee or be granted a fee waiver in order to receive TPS benefits.

Proofs that you will need to provide

To prove that your are a Haitian national you must provide your Haitian birth certificate (translated from French into English, with a certificate of translation) or a Haitian passport. You can submit your passport even expired. If you cannot provide either of theses documents, secondary evidence should be submitted as proof. That might include a government document issued to you while in Haiti and affidavits from individuals who knew you there.

You will need also to prove that you were in the United States on or before January 12, 2010. For that, you can provide a passport with an entry stamp, an I-94 arrival/departure record, employment records pay stubes, W-2 Forms, IRS tax transcrips, letters from emplyers, bank statements, rent receipts, utility bills, school records, contracts, insurances policies.

Applicants must file the I-821 application along with the I-765 even though the work permit is not required. The application's fee is 130.00 dollars without the work permit. An additional 340.00 dollars should be sent with the application if work permit is required. A fee waiver may be granted if the applicants apply and qualify for it.

If you cannot afford to pay a lawyer to file out the application on your behalf, try to locate pro bono legal services in your area to help you with your immigration papers. For further details, feel free to call USCIS at 800-375 5283. This line is available until 11:00 PM local time.

For those who may fall outside the scope of the TPS designation, and who are unable to safely return to Haiti, Department of Homeland Security has provided certain forms of temporary relief. Although certain nonimmigrant classification are not permitted to apply for or receive employment authorization such as nonimmigrant visitor, they may file for an extension of status for an additional six months.