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How to Apply for Haitian TPS Temporary Protected Status 

 

 

If you would like for one of our attorneys to asssist you please download and complete our Hatian TPS Eligibility Questionnaire:

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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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