If you just need the forms here's a
link to the USCIS website.
1) What is Haitian Temporary
Protected Status? TPS was recently
designated for certain eligible Haitian nationals residing in
the United States. It is estimated that approximately 200,000
individuals will qualify for this relief.
TPS is a lawful immigration status temporarily granted to
eligible nationals of countries designated by the Secretary of
Homeland Security. If you are eligible for Haitian TPS you will
be permitted to remain and work in the United States.
2)Who may apply for Haitian
TPS?
Eligible persons must:
Be a national of Haiti, or a stateless person who last
habitually resided in Haiti
Have resided in the U.S. as of January 12, 2010.
Have been continuously physically present in the U.S.
since the date of the Federal Register Notice publication,
and
Not be inadmissible (see explanation below)
File an application(s) for TPS benefits.
3) When can I file for TPS
benefits?
The Haitian TPS application/registration period will be limited
to 180 days and is expected to start sometime during the week
of January17, 2009. You cannot file before the official filing
date is announced and your application will be timely filed so
long as it is if it is postmarked on or before the last day of
the registration period.
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4) What is the filing fee to
apply for TPS?
The USCIS application fee is $50.00 and there is also a
biometrics fee for those under age 14. However, if you are
unable to pay the requisite fees you may apply for a fee
waiver.
5) Will I be required to prove
I am eligible to apply to register for Haitian TPS
benefits?
Yes, among other things, you must provide documentation that
you are
a national of Haiti or a stateless person who last habitually
resided in Haiti (e.g., a copy of your passport or birth
certificate) resided in the United States as of January 12,
2010; and have been continuously physically present in the
United States since the commencement of the official
registration date.
However, if you do not have the primary documents required,
USCIS will likely accept secondary or substitute documents that
would tend to support your eligibility for TPS benefits.
6. How do I prove my residence
and continuous physical presence for the time periods required
for eligibility? There are a number of
different types of documents that you can submit proving your
continuous residence in the United States as of January 12,
2010 and your continued physical presence in the U. S. since
the date the Haitian TPS Haiti for TPS filing commences.
USCIS will likely accept such things as submit job letters
from your current and former employers showing where you have
worked, rent receipts, payroll stubs, bank statements, school
records, or any other documents you may have showing your
continuous physical presence and continuous residence in the
U.S.
7) How do I apply for work
authorization in connection with my TPS
application? In addition to filing an
application for TPS you will need to file an application for an
Employment Authorization Document (EAD). The USCIS application
fee for an EAD is $340.00 but may be waived if you are unable
to afford it.
8) If I am approved for
Haitian TPS status can I get a green card or other immigration
classification? Unfortunately TPS is not a
direct path to lawful permanent residence, however, it may be
possible to apply for another immigration benefits, including
adjustment of status, so long as you are otherwise
eligible.
9) Will a past criminal record
make me inadmissible and/or ineligible for
TPS? In some cases, yes. For example, if you
have been convicted of a felony, or two or more misdemeanors in
the United States you will not be eligible for TPS. Also, if
you were subject to several other criminal and security-related
bars to asylum you may also be ineligible. For example,
participating in the persecution of another individual or
engaging in or inciting terrorist activity.
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Service We can
handle most U.S. immigration cases no matter where you live or
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Peter J. Loughlin,
Esq.
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