Registration Begins for Temporary Protected Status to Haiti
The U.S. Citizenship and Immigration Services has announced that eligible Haitian nationals in the United States may begin the application process for Temporary Protected Status. Details and procedures for applying for TPS are provided in the Federal Register notice published today. On Jan. 15, 2010, Secretary of Homeland Security Janet Napolitano designated TPS for eligible Haitian nationals as a result of the catastrophic earthquake that occurred in Haiti on Jan. 12, 2010. The TPS designation for Haiti is effective today and will remain in effect through July 22, 2011. The designation means that eligible Haitian nationals will not be removed from the United States and will also be eligible to apply to work in the United States. The 180-day registration period for eligible Haitian nationals to apply for TPS begins today and will end on July 20, 2010. The designation applies only to those Haitians who resided in the United States on or before Jan. 12, 2010; TPS will not be granted to Haitian nationals who entered the United States after Jan. 12, 2010. Haiti joins El Salvador, Honduras, Nicaragua, Somalia, and Sudan as countries currently designated for TPS.
The Department of Homeland Security has announced, that the
Secretary of Homeland Security (Secretary) has designated Haiti for
temporary protected status (TPS) for a period of 18 months. Under
section 244(b)(1) of the Immigration and Nationality Act, the Secretary
is authorized to designate a foreign state for TPS or parts of such
state upon finding that such state is experiencing ongoing armed
conflict, an environmental disaster, or ``extraordinary and temporary
conditions.'' The Secretary may grant TPS to individual nationals of
the designated foreign state (or to eligible aliens having no
nationality who last habitually resided in such state) who have been
both continuously physically present in the United States since the
effective date of the designation and continually residing in the
United States since a date determined by the Secretary, and who meet
other eligibility criteria. TPS is available only to persons who were
continuously physically present in the United States as of the
effective date of the designation.
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 the effective
date of the notice, may apply for TPS within the 180-day registration
period that begins on the date of publication of the notice. These
nationals also may apply for employment authorization documents and for
permission to depart from and return to the United States.
This notice also sets forth procedures necessary for nationals of
Haiti (or aliens having no nationality who last habitually resided in
Haiti) to register and to apply for TPS and employment authorization
documents with U.S. Citizenship and Immigration Services.
DATES: This designation of Haiti for TPS is effective on January 21,
2010, and will remain in effect through July 22, 2011. 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
What Is Temporary Protected Status?
TPS is a temporary immigration status granted to eligible nationals
of a country (or to persons without nationality who last habitually
resided in the designated country) that the Secretary has designated
for TPS because the country is experiencing an ongoing armed conflict,
an environmental disaster, or extraordinary and temporary conditions.
During the period for which the Secretary has designated a country for
TPS, TPS beneficiaries are eligible to remain in the United States and
may obtain work authorization, so long as they continue to meet the terms
and conditions of their TPS status. The granting of TPS is available
only to persons who were continuously physically present in the United
States as of the effective date of this designation and does not lead
to permanent resident status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before TPS (unless that status has since expired or been terminated) or
to any other status they may have obtained while registered for TPS.
What Authority Does the Secretary of Homeland Security Have To
Designate Haiti for TPS?
The Immigration and Nationality Act (INA), authorizes the
Secretary, after consultation with appropriate agencies of the
government, to designate a foreign State (or part thereof) for TPS.\1\
One of the bases for TPS designation is ``there exist extraordinary and
temporary conditions in the foreign state that prevent aliens who are
nationals of the state from returning to the state in safety, unless
[she] finds that permitting the aliens to remain temporarily in the
United States is contrary to the national interest of the United
States.'' INA section 244(b)(1)(C) (emphasis added); 8 U.S.C.
1254a(b)(1)(C). The Secretary has determined, after consulting with the
Department of State (DOS) and other government agencies, that there
exists in Haiti ``extraordinary and temporary conditions,'' preventing
Haitian nationals from returning to Haiti in safety and that permitting
eligible Haitian nationals to remain temporarily in the United States
would not be contrary to the national interest.
Following the designation of a country for TPS, the Secretary may
grant TPS to eligible nationals of that foreign State (or aliens having
no nationality who last habitually resided in that State) who have been
both continually physically present in the United States since the
effective date of the notice and continually residing in the United
States since a date determined by the Secretary, and who meet all other
eligibility criteria. INA section 244(a)(1)(A) and (c); 8 U.S.C.
1254a(a)(1)(A) and (c). Persons convicted of any felony, or two or more
misdemeanors, committed in the United States are ineligible for TPS.
Applicants may also be ineligible if one of the bars to asylum
eligibility applies. Id. at section 244(c)(2)(B)(i-ii).
Why Is the Secretary Designating Haiti for TPS?
Designation of Haiti for TPS
Nationals of Haiti (and aliens having no nationality who last
habitually resided in Haiti) who have been ``continuously physically
present'' in the United States since January 21, 2010 and have
``continuously resided'' in the United States since January 12, 2010,
may apply for TPS within the registration period that begins on January
21, 2010 and ends on July 20, 2010. Except as specifically provided in
this notice, applications for TPS by nationals of Haiti (and aliens
having no nationality who last habitually resided in Haiti) must be
filed pursuant to the provisions of 8 CFR part 244. Aliens who wish to apply for TPS must
file an Application for Temporary Protected Status, Form I-821,
together with an Application for Employment Authorization, Form I-765,
in accordance with the form's instructions and applicable regulations
during the registration period.
Required Application Forms and Application Fees To Register for TPS
To register for TPS, an applicant must submit two applications:
1. Form I-821, Application for Temporary Protected Status, and pay
the Form I-821 application fee, which is $50. If you are unable to pay
the fee, you may submit a fee waiver request with appropriate
documentation.
2. Form I-765, Application for Employment Authorization.
If you want an employment authorization document (EAD),
you must pay the Form I-765 application fee, which is $340, or submit a
fee waiver request.
However, if you are filing an initial TPS registration and
you are under the age of 14 or above the age of 65, you do not pay the
Form I-765 fee to obtain an EAD.
If you are not requesting an EAD, you do not pay the Form
I-765 fee.
3. Individuals who may apply for TPS pursuant to this notice and
who are in removal proceedings will be provided an opportunity to apply
in accordance with 8 CFR 244.7(d).
You must submit both applications together. For more information on
the application forms and application fees for TPS, please visit the
USCIS Web site at http://www.uscis.gov.
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee of $80. If you are unable to pay the fee, you may submit a
fee waiver request with appropriate documentation.
For more information, contact the Law Office of Mark Carmel, Tel: 1-800-727-1908, or by Email: uslawyer@uslawyer.com
![[top]](top.gif)
|