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21 January 2010

Temporary Protected Status Haiti

The devastating earthquakes in Haiti have made it both dangerous and virtually impossible for most Haitian nationals living in the U.S. to return to their country in the near future. To help protect those who might otherwise be repatriated to a nation struggling to recover, the Secretary of Homeland Security announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010.

TPS provides temporary immigration status for a specific amount of time to people of a particular nation impacted by extreme events such as wars, earthquakes or hurricanes.

For Haiti, the TPS registration period is open January 21, 2010 until July 20, 2010. You can find information and instructions on how to apply on the USCIS website. To qualify, you must:
  • Be a national of Haiti, or a person without nationality who last resided in Haiti
  • Have continuously resided in the U.S. since January 12, 2010
  • Have been continuously present in the U.S. since January 21, 2010 (the date of the Federal Register Notice)
  • Meet certain immigrant admissibility requirements, and other TPS eligibility requirements as required by law
  • Satisfactorily complete all TPS application procedures as described in the Federal Register notice announcing Haitian TPS
  • Have not been convicted of any felony or two or more misdemeanors in the United States
  • Not be subject to other criminal and security-related bars to asylum
You can find more information, as well as information in French and Creole on our 'USCIS Responds to Haiti Earthquake' page. There we have gathered the necessary forms, filing tips, an overview of TPS requirements and the registration process, and general information on other potential relief options. To see what filing and biometrics fees apply to you, please see the chart on the TPS-Haiti page.

Please remember that all TPS applicants must file Form I-765. If you do not want employment authorization, you will not have to pay a filing fee for Form I-765.
Be aware that individuals posing as legal professionals may attempt to take advantage of you by charging an additional fee for filing your applications forms. You can view a list of accredited representatives here.

Needless to say, we all share the concerns and sympathies of Director Mayorkas in this time of great need and will do our part to assist Haiti in its recovery effort.

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47 Comments:

At January 21, 2010 at 6:49:00 PM EST , Anonymous Anonymous said...

Great-looking blog guys!

 
At January 22, 2010 at 1:14:00 PM EST , Blogger Greg Siskind said...

Thanks for putting this blog up. It's definitely the kind of thing we need to see.

It would be great if USCIS would address in its Haiti materials the rules for people who want to travel back to Haiti. I have a client who wants to check on an injured family member and even though the airlines are not flying there, once they are, she would like to go back home briefly. We are filing for advance parole with her TPS application, but the rules are not clear on whether we can do so or not.

 
At January 22, 2010 at 8:18:00 PM EST , Anonymous Anonymous said...

Thank you to all that have helped and continue to help in this cause.

I want to know what the rules are for bringing in my mother who I applied for permanent resident status. She has been approved and was waiting on her visa and interview in Haiti. If anyone has any info or direction I would be very grateful.

 
At January 22, 2010 at 11:36:00 PM EST , Blogger max said...

Thanks for putting this blog up.
There are some husbands and wife who were in removal proceedings. Now they can come out of their shadows. but I have friends who are US Citizen they want to want to give citizenship to their loves ones . But they have to leave the country because they don't have the I-94 card. I'm thinking with the TPS status USCIS will allow married couples to give his or her ones the green card here in the US. They don't have to leave the country to wait five and more years in our devasted country.

 
At January 23, 2010 at 3:07:00 AM EST , Blogger Roger said...

"Our hearts go out to the people of Haiti" - as long as none of them want to come here. I know that USCIS is not the agency responsible for threatening to use the US Coast Guard to stop desperate refugees who might take to the high seas to try to make it to the US, but USCIS is still part of the Department of Homeland Security, whose Secretary, Janet Napolitano, has made such a threat.

Interdicting refugees on the high seas and returning them to their country against their will is known as "refoulement". It is against international law, but this has been US policy ever since President Reagan made an agreement to do this with the Duvalier dictatorship in 1981.

This policy was also adopted by the Clinton administration, which actually went to the Supreme Court to have it rubber-stamped, with only one courageous judge, Justice Brennan, dissenting.

I also understand that Haitian earthquake survivors who may need life-saving medical treatment in the US are being told that they will have to apply for visas through the regular process - if they live long enough to do so, that is.

My question is, to whom do the hearts of DHS policy-makers go out more: to the desperate Haitians whose very lives may depend on being able to escape the chaos and devastation in their country by coming to the US, at least temporarily, or to the anti-immigration restrictionists who think that allowing more Haitians to come to the US would be the end of America as we know it?

Roger Algase
Attorney at Law
New York NY

 
At January 23, 2010 at 8:21:00 PM EST , Anonymous Anonymous said...

Please help!
My husband has 2 toddlers in Haiti, he is not a US citizen but i am and i am willing to do anything for the kids. We have not filed a petition yet because we were waiting for him to get his citizenship next year but in light of what just happened and the fact that the kids are sleeping in the street now, we were wondering what can we do. If we file an I-130 now do we have to wait the long process? can we file for them under the humanitarian parole to get a visa and once they get here we'll pay the proper fees and file the I-130? Please answer. Thank you.

 
At January 25, 2010 at 10:27:00 AM EST , Anonymous Anonymous said...

Anonymous with the 2-toddler issue: call an attorney. Not a notary, an attorney. It's possible that you're making this all harder than it is.

 
At January 25, 2010 at 11:43:00 AM EST , Blogger exumenovich said...

My mother-in-law is a Haitian Citizen with a five-year visa to the U.S. She has been coming to the States to get medical treatment for a heart condition and returns back every year. Now her house has been destroyed; is there a program to speed up residency request for her and how long can she stay in the U.S. with her current visa?

 
At January 25, 2010 at 11:57:00 AM EST , Anonymous Anonymous said...

I can't return home because i don't have one since the earthquake. I've heard that I'm not qualify for the TPS because I have a B1-B2 visa and my I-94 will expire in march, that I can ask for a six months extentension with no ability to work. What can I do to benefit the TPS. Thanks

 
At January 25, 2010 at 12:57:00 PM EST , Anonymous Anonymous said...

This is information is very helpful for the Haitian immigrant community.

Perhaps you could have a post on how USCIS is using Humanitarian Parole or perhaps the I-130 process?

I have talked to many people who are concerned about getting family members to the States in light of the Earthquake as well as many questions about Orphans. I think this information would be helpful...This should be linked to your Homepage!!!

 
At January 25, 2010 at 3:13:00 PM EST , Anonymous Anonymous said...

TPS is a decent STARTING point, but we must not stop there.
We need to support Haitian refugees in additional ways. For example, temporarily waiving visas with a valid passport; and,
waiving the requirement for passport validation at least 6 months after entry.
Frankly, under these horrific circumstances, if an US citizen agrees to sponsor a Haitian refugee, with or without passport, that should be enough to grant entry for a specified period of time.
I know of several Haitian US residents and citizens who have close relatives who are suffering the effects of the earthquakes --several are children whose parents were killed. They are willing to assume all financial responsibility for their relatives. However, without valid passports and visas, we will not allow Haitians entry -- just as though it was business as usual. We know the suffering. We are not innocent; rather, we are complicit in the ongoing suffering if we refuse to provide all measures of relief.

 
At January 26, 2010 at 12:30:00 AM EST , Blogger gaelle said...

I have applied for my husband since August 2007, However I'm a permanent resident not a citizen. He doesn't have anything yet but the approval paper. Is he eligible to apply for TPS or will that interfere with the process of I130. I think he should be able to work and go see his family as well, but I don't know if it is the good choice for him.Since I've already apply for him.

 
At January 26, 2010 at 1:31:00 PM EST , Anonymous Anonymous said...

Glad to see that the USCIS has a heart, but while they are offering TPS to illegal immigrants who were here PRIOR to the earthquake - what about all the suffering unfortunate people who are IN Haiti now?

Why are illegal status folks the recipient of the good graces of teh USCIS? What about the innocent victims????

 
At January 26, 2010 at 7:36:00 PM EST , Anonymous Anonymous said...

I have six siblings in Haiti and my mother filed paperwork I-130's back in july 2007. I have been told all processing of visas for people over 18 has been stopped to process visas for orphans. I agree with the many posts on here. I encourage you to write the the law makers and plead with them to change the current law. If people had paperwork processing before, why can't the Haitian people sleep safely here in the states at their families expense while their visas continue to process. Please contact your government representatives and beg for a change in the law!

 
At January 27, 2010 at 9:04:00 AM EST , Blogger USCIS Blog Team said...

USCIS thanks all of you for your comments. Your questions and issues help us develop information for the USCIS website to better address many of your concerns. Given the current situation in Haiti, we certainly understand the concerns of those with Haitian family members who have filed or plan to file for immigration benefits. We are looking into the questions asked in your comments and will continue to post the latest information as we have it available on our USCIS website.

 
At January 27, 2010 at 10:07:00 PM EST , Blogger Rendolph Peigne said...

Dear Sir / Madame,

I would like to know if, with the TPS, the beneficiary can apply for a driver's license.

Thank you.

 
At January 29, 2010 at 12:30:00 AM EST , Anonymous Anonymous said...

I have been living illegally in the united state for over 25 years. My lawyer lost my passport and my birth certificate, all I have is a marriage certificate that can prove my nationality as Haitian.
Will I be qualify for TPS?

 
At January 29, 2010 at 10:44:00 AM EST , Anonymous Anonymous said...

This was a wonderful precedent to set. Now any country with a natural disaster can expect the US to lower immigration stadards so they can come to the US. What do we do with unskilled, uneducated immigrants?

 
At January 29, 2010 at 4:00:00 PM EST , Anonymous New Beginnings said...

What if the mother is a Hatian national with a B1-B2 but her 2 year old daughter is an American and the both of them came to the US on 1/16. How can she stay here to work since there's no work to go back to Haiti. How is she suppose to support her child?

 
At February 1, 2010 at 1:53:00 PM EST , Anonymous emmy said...

In response to: What do we do with unskilled, uneducated immigrants? Learn your history! This country was built by unskilled, uneducated immigrants!!!!!

 
At February 1, 2010 at 9:33:00 PM EST , Anonymous Anonymous said...

Thank you America for all you do for Haiti. Please help us rebuild the country, but unlike the early 1900's when you helped us build a city for 50,000 to live, please forcast for at least 5 million people to live in the city. Please build at leadt one more airport in cap haitian, clean up the debris in port au prince, then build homes with proper structures (by the way do not allow anyone to rebuild without proper permit), build proper roads, schools, hospitals and build the government offices LAST.... God bless America!!!

 
At February 5, 2010 at 9:11:00 PM EST , Anonymous Anonymous said...

DO we have to lose all those people for the gorvernment to approve us TPS? and why is a TPS only I guess we deserve more than TPS.

 
At February 7, 2010 at 2:06:00 AM EST , Anonymous Timadanm said...

I am an international student from Haiti and I'm currently doing my OPT (which is where I get a yr to work). Do I qualify for TPS?

 
At February 7, 2010 at 11:24:00 AM EST , Anonymous Anonymous said...

I have my brother in Haiti which as 2 girls with his wife;unfortunately in the Tragedy of the Earthquake, his wife died under the rubles,now they are sleeping in the streets does not know what to do with these 2 girls _ I'm an american, please what can I do to help my brother in this situation

 
At February 11, 2010 at 2:26:00 AM EST , Anonymous Anonymous said...

I would like to see the gov'ts allow US families to host, support and pay expenses for Haitians to live in the US for a period of time. Many families opened their homes (and/or offered their vacant properties)after Katrina via Craigslist. I never heard of any security of safety issues. I am also concerned about young women without families, too old for adoption, too young to care for themselves, and probably not in safe surroundings with any means of support. Seems they would be prey for trafficing/prostitution. I would love to "foster" some of these girls who would desire to have a chance to improve their lives and learn English. Could a program like this ever work? I think doing something like this would foster good will and as a culture change some of the "it's all about me thinking" that is so prevalent.

 
At February 11, 2010 at 12:48:00 PM EST , Anonymous Anonymous said...

First of all, I would like to answer to that Person who said that the USA should not help unskilled and uneducated people. We are all human being an each one of us have our place in society. If the USA gets rid of all the unskilled and uneducated people, I hope for your sake that you can grow your own food, make your own meals and that is just two of the many things you need for your survival. So ponder on what unskilled people do for you to make your life easier. Please, do not take this as a criticism but rather as an insight to help you grow and realize how much we are linked and need each other, regardless of status, education etc. People do not pick the country or the family they are born into. They should not be punished because of that. Peace.

 
At February 11, 2010 at 1:01:00 PM EST , Anonymous Anonymous said...

Iam an american citizen. I have my sister's and brother's grown children in Haiti. I sponsored my sister and brother who arrived here after 12 years. The grown kids could not come with them. Now, they are living in the street like the rest of Haiti. My sister have already petition for them, but that is a long process. Is there anyway to speed up the process to allow them to come here to wait for a resident visa?

 
At February 12, 2010 at 11:36:00 PM EST , Anonymous Anonymous said...

The Haitian aliens who arrived after January 12th, 2010 are waiting for the decision of the U.S. Governement about them.

 
At February 13, 2010 at 4:47:00 PM EST , Anonymous Anonymous said...

What if Have a F1 /student visa but was in Haiti during the earthquake for winter break? I came back after January 21st. Will I be qualified for TPS?
thanks

 
At February 13, 2010 at 6:14:00 PM EST , Anonymous Anonymous said...

I am a Woman Haitian. We arrived on january 12, 2010. My mother had filed a immigrant petition for me and my family since April 2008. We went to the Immigration thi week, they told us to wait about 7 years until there is a visa available for us and now we are unable to return in haiti. We lost everything in Haiti. My daughter is a US citizen. Now we cannot work, we cannot do anything... What should we do. Please, help us...

 
At February 16, 2010 at 11:52:00 AM EST , Anonymous Anonymous said...

Good morning:
I would like to know if there is going to be answers from the Government to all these comments. If so when. thanks.

 
At February 16, 2010 at 3:55:00 PM EST , Blogger USCIS Blog Team said...

@ Anonymous (February 16, 2010) - please check our latest post "Haiti and Immigration: Confronting the Rumors" for the latest. Beyond that, we should have additional answers to the questions posed here in the near future.

 
At February 18, 2010 at 8:26:00 PM EST , Anonymous Anonymous said...

I am a Woman Haitian. We arrived on January 21, 2010 after the earthquake struck. My mother had filed a immigrant petition for me since April 2008. According to the Immigration Office, my family and I have to wait about 7 years until a visa is available for us and now we are unable to return in haiti. We lost everything in Haiti. My daughter is a US citizen. Now we cannot work, we cannot do anything... What should we do. Please, help us...Please, when the US Government will think about us ... If we are here is because God saved us and wewant to start a new life... Please, help for the Aliens Haitian...

 
At February 19, 2010 at 11:03:00 PM EST , Anonymous Anonymous said...

Thank you America for your quick response to haiti 's earthquake; i think ; HAITI IS NOT SAFE FOR ANYONE NOW ; WHY NOT GRANTED PERMANENT RESIDENCE TO ALL HAITIANS ALREADY IN THE US. THE FUTURE OF HAITI DEPENDS ON US . LEGALIZE EVERY HAITIAN ; THEN WE CAN WORK AND REBUILT OUR CONTRY AND SUPPORT OUR FAMILES

 
At February 21, 2010 at 10:57:00 PM EST , Anonymous Anonymous said...

I would to Thank the Department of state for their concerning toward haitian people who have been devastated by the Earthquake. My question is :What about someone who has been in the USA within january 12 with a "Multiple entries"that is not expired yet? Could that person be eligible to obtain the T.P.S.? Is that person still able to use that entries visa to travel to haiti and to come back to the us.

Thank you, hope getting a response soon.

 
At March 8, 2010 at 4:45:00 PM EST , Anonymous Philippe said...

Good evening,

Firstly I would like to thank you for the extraordinary effort that the US have done in helping the Haitian people after the earthquake of January 12, 2010.

I'm here to explain to you a complex case for which I hope I will have an answer. I believe that hundreds of other people must find themselves in a similar situation.

Immediately after the disaster, my wife and I thought to send our 2 children in the US. These children are U.S. citizens, having been born in the US.

We tried to send a close relative with them, because neither I nor my wife would leave our jobs. Faced with the legitimate refusal of U.S. authorities to let them go with this person, my wife had to resign from his job to take them to the US, because they were, from our point of view, too young to continue to live in the streets without any possibility to go to school (the school buildings were destroyed by the earthquake).

I realized that my wife cannot have the TPS, since she arrived after January 21. What choice does she have today : living illegally with the children without any possibility to work or return to Haiti with the children (18 months and 7 years old) ?

Thank you for replying.

 
At March 10, 2010 at 7:43:00 PM EST , Anonymous Anonymous said...

I have been living in the us for over 8 yrs. My employer petition for me and it has been 5 years now. My caase was approved last year, I was given a case number. My lawyer told me that I have to wait for a very long time to complete the last part of the process. I am becomming impatient any advice, please help

 
At March 12, 2010 at 8:36:00 PM EST , Anonymous Anonymous said...

I have the same problem as Anonymous dated March 10,2010.I'm awaiting a visa number, how long will it take and will I have to apply for a workpermit every 2 years. Can I change employer or not. I've been working for the same employer for 3 years. How much longer do we have to wait for the Greencard. I am impatient too,PLEASE HELP, ADVICE US!!!!!! THANK YOU

 
At March 12, 2010 at 9:42:00 PM EST , Anonymous Anonymous said...

My heart goes out to the people of Haiti, and they have received much support. However, I believe that USCIS should assist U.S. Born Citizens first, this is our country. It is ridiculous that a citizen should have to wait 5 months or more to get an approval on a 129F to bring his wife to the U.S. We care more about foreign students, workers and entrepreneurs than we do our own people. Until I began this endevor I would never have believed the bureaucracy would be so slow. We have illegals and people overstaying their visas all over the U.S., and a citizen, who has a verifiable history in this country, can't get his wife here in less than a month. I'm sorry but this is absolutly unacceptable.

 
At March 13, 2010 at 10:10:00 AM EST , Anonymous Anonymous said...

I'm a Us Citizen , I have an approved petition 1-130 for my 2 Brothers living in Haiti. I made a request to STATE DEPARTMENT to get their petitions EXPEDITED and they denied my request. i wonder what my option are? My brothers seriously afftected,our Sister was killed , their home are destroyed and they lost their jobs and everything.
Why United couldn't do something similar as canadian immigration.
I desperate to find a way out for my Brothers in Haiti

 
At March 19, 2010 at 12:45:00 PM EDT , Anonymous Anonymous said...

I'm a haitian alien. I've arrived after January 12th as many other haitians, We don't get access to the TPS program. But we really need help because we can't go back for now coz all the problems ( dead family, houses collapsed...).Then, The Us government should do something for us. It's very important and urgent for us, please we count on your understanding

 
At April 18, 2010 at 10:21:00 AM EDT , Anonymous Anonymous said...

I WOULD LIKE TO KNOW IF MY TWO NIECES WHO CAME ON JANUARY 22 ,2010 MAY QUALIFY FOR TPS OR EXTENTION THEY 18 AND 9 YEARS OLD.

 
At June 11, 2010 at 1:21:00 AM EDT , Anonymous Anonymous said...

Thanks america for all you are doing for haitians. specially for the tps. I was evacuated to Us on january 19 and I had a surgery here in january 27 because my leg was broken in the earthquake. I would like to know if I can apply for tps or other humanitarian benefits. I can't return home right now because my house was destroyed. thank you for your answer

 
At July 24, 2010 at 4:28:00 PM EDT , Anonymous Ayora said...

It is now the 24th of July, I'm wondering if it is too late to file for temporary immigration status. My friend has been over here from Haiti because their home was destroyed and didn't know he could file. Is there any way to extend the deadline so he can apply?

 
At July 27, 2010 at 8:58:00 AM EDT , Blogger Sturge said...

Glad to see that there is ongoing, intentional support for the Haitian people.

A timely reminder to those who want to give to the cause: Only give resources through established organizations. Resist any sort of scam online that claims it is helping out with the Haiti crisis. You may come across such scams on sites like Craigslist.

If you think the post is suspicious, cross check it on http://www.searchcraigslistscams.com

You can also post any suspicious listings there to help out the community.

 
At August 23, 2010 at 5:05:00 PM EDT , Anonymous Anonymous said...

first of all i would like to thank the american people for their help,i would like to knoe if i've been approved for TPS can i go back home to see my family,i only had one sister unforunately i lost her on january 12, please someone say something, i really want to see my family ,i missed them a lot.

 
At October 1, 2012 at 8:40:00 PM EDT , Anonymous Anonymous said...

The possibility of the government giving Green Cards to TPS recipients has been talked about for quite a while now. And the hope was, since the President is up for re-election; that he would grant permanent status to immigrants who already have TPS just in case (God Forbid) the election does not go in his favor. Because many fear that TPS could be taken away if the other party wins.

Any chance that may happen?

Thank you,

 

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