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22 March 2010

Answers to Your Comments About Haiti

As we've continued to post updates on the situation in Haiti, our readers have continued to post comments with questions on immigration benefits for Haitians. We received comments focused on five areas in particular, and wanted to post answers for each:

1. I am a Haitian in the U.S. on a temporary work/visit/study (etc.) visa and I don't believe I qualify for TPS. Is there anything I can do to extend my stay?

If you were in the United States on January 12, 2010, regardless of your immigration status on that date, you may be eligible to apply for TPS. More information on TPS eligibility for Haiti can be found on our Temporary Protected Status-Haiti page.

If you currently have a valid nonimmigrant status (student, temporary worker, visit, etc.) and would like to extend your stay, please review the information provided in the "Working in the U.S." or "Visit the U.S." sections of our website. You may also review the instructions on Form I-539, Application to Change/Extend Nonimmigrant Status, and Form I-129, Application for Temporary Worker (the form you would use to extend your nonimmigrant status depends on your current nonimmigrant status).

2. I am not a Haitian and am unhappy that prioritization of Haitian applications will take away resources from my application and slow down the process.

USCIS placed the adjudication of TPS applications in offices that had the experience and capacity to adjudicate these cases without negatively impacting the processing times of other applications and petitions. USCIS has not stopped adjudicating some applications in order to adjudicate applications for TPS. We are adjudicating all applications and petitions that we receive and strive to adjudicate all within our processing time goals.

3. I am a U.S. citizen or green card holder with family in Haiti who have been seriously impacted by the earthquake. Is there anything I can do to bring them to the United States - even temporarily?

If you are a U.S. citizen or a permanent resident, you may petition for certain relatives to come to the United States permanently. Information on petitioning for a relative may be found in the "Family" section of our website.

Relatives may come to the United States temporarily if they are eligible to receive a nonimmigrant visa. Information about visiting the United States temporarily can be found in the "Visit the U.S." section of out site.

4. Why are Haitians who were illegal immigrants in the U.S. reaping all the benefits of TPS as opposed to helping those actually hit hardest by the earthquake?

Temporary Protected Status (TPS) is designed to provide a temporary means to remain in the United States for those who cannot return to their country. TPS should not be viewed as a reward for possibly being in the United States without a valid immigration status, rather it should be viewed as an act of compassion during a time of need.

USCIS has taken steps to also assist those in Haiti who have been impacted by the earthquake. In addition to the work that our staff in Haiti has done and continues to do, USCIS has assisted many orphans in coming to the United States and has been expediting the processing of petitions filed on behalf of relatives in Haiti.

5. How do we finalize an adoption for a child already in the U.S. without a Haitian adoption decree?

We have received this question from several adoptive parents and we are currently working on a plan to address this issue. When a plan has been finalized, we will post this information on our website. Additional information about adoptions from Haiti can be found on our "Questions and Answers: Information for Adoptive Parents of Paroled Haitian Orphans" page.

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37 Comments:

At March 22, 2010 at 4:40:00 PM EDT , Anonymous Anonymous said...

Similar for Employment Based Petition
Thanks USCIS Blog Team-

Can your Blog Address the Following questions in straight words For ex.

Q. Can applicants be allowed to file I-485 , EAD and AP If there I-140 is approved irrespective of Visa Availability dates?
Ans: <<>>>

Q: Can USCIS remove the Per Country limit?
Ans: <>>

Q: Why to count dependents with Annual Visa count?
Ans: <>>

Q: Why cannot capture the Old Unused visa number , if legislation is required why don't USCIS Propose that?
Ans: <>>

Q: Why Don't USCIS publish total number of VISA Number consumed every month rather the waiting for DOS?
Ans: <>>

Q: Why are RFE request so vague?
Ans: <>>

Q: What are the new planned tools for Transparent USCIS System?
Ans: <>>

Q: Why can't USCIS Build the tool for Forecasting the time to get GC based on Priority date and rules?
Ans: <>>

 
At March 23, 2010 at 1:03:00 PM EDT , Anonymous gcApp said...

I believe the blog has recieved more questions about Employment based visa backlog.

I need to know why is it that USCIS makes it so hard for a Legal High Skilled Immigrant to immigrate especially when he is from India/China!!!

My career has been on hold because of your practices! No one told me that its going to take 6-10 years for EB2 and 15-20 years for EB3!!! Not acceptable!

We love this country as much as anyone else! And I also believe that we contribute taxes, are willing to play the legal game. But USCIS seems to just take no notice of the loooong wait times!

Please answer my question:

WHY CANT WE IMPLEMENT THIS COMMON SENSE SOLUTION PROPOSED BY CYRUS-ENDELMAN (Look at link)

http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436

 
At March 23, 2010 at 5:46:00 PM EDT , Blogger Sandra said...

What will be done for Haitians with approve I-130,but where not eligible to adjust their status in the USA? want to know if there is some type of waiver they can file in other to be able to adjust their status in the USA

 
At March 25, 2010 at 2:03:00 AM EDT , Anonymous Anonymous said...

PLEASE put up a web page stating which petitions are currently eligible for Premium Processing. Thanks.

 
At March 25, 2010 at 4:22:00 PM EDT , Anonymous Anonymous said...

Since the earthquake in Haiti, we have a lot of people with temporary visas who are coming in the United States and they are not eligible for the TPS because they came after January 12, why won't the government allow those who already had visas to apply for TPS? Afterall, they are all in the same problems if not even more. Please consider the Haitians with temporary visas who came after the earthquake.

Thank you for your consideration.

Marie Jean

 
At March 25, 2010 at 4:22:00 PM EDT , Anonymous Anonymous said...

I live in the deadliest city in the world "juarez, Mexico" and my wife (a US citizen)submitted an application I-129F and I-130 and wonder if there is anything that can be done to expedite the process for me to be able to cross to the US I have two kids, a soon to be 4 year old and a 2 year old and pretty soon they won't have Daycare is there anything my wife can do or request? please Advise.

 
At March 26, 2010 at 10:34:00 AM EDT , Anonymous Anonymous said...

Hire Americans and marry Americans ... Then you wont have the problem!

 
At March 26, 2010 at 2:30:00 PM EDT , Anonymous Shelby said...

It seems that the US is doing all it can immigration-wise to help the Hatians. Is there a recorded number that we've allowed to come over through TPS?

 
At March 27, 2010 at 10:23:00 PM EDT , Anonymous Anonymous said...

My daughter and I are awaiting an appointment to go to Juarez, US Embassy, for an interview regarding her immigration. I am citizen and she is adopted by me. My daughter is under age 10 and I cannot imagine why she and I couldn't do the interview in another, safer embassy in a different city in Mexico. I see there are several other embassies. I see too, that Juarez is conveniently located, however, because of the danger, I would think that the State Department could consider options for those who could make it to another safer spot.

Juarez has been labeled on NPR the most dangerous or one of the most dangerous cities in the world.
Cannot the State Department recognize the danger it puts its citizens, especially its women citizens?

I understand that the State Department has to follow it's procedures, and I have no problem complying with the law, but can't some of its administrative procedures be done in another city in Mexico?

I wonder too, does the State Department hold itself responsible should something happen to me? or my daughter? Shouldnt it since clearly there are statistics showing the danger and the State Department's own website advises against traveling there?
And lately even employees of the Department themselves are victims.

I know also, most people are targeted- but that doesnt mean a person's odds of being hurt aren't increased simply by being a US Citizen in that city or just by being "collateral damage".
Please I ask the State Department to reconsider where it does administrative work for its US Citizens working on immigration for their relatives.

 
At March 29, 2010 at 8:51:00 PM EDT , Anonymous Anonymous said...

I would like to know if something will be done for Haitian parents (non resident of the US) of children born in the US,who came in USA (with those kids)after Haiti's earthquake so that they can obtain authorization to work and take care of the kids.

Thank you.
Maguy

 
At March 30, 2010 at 12:31:00 PM EDT , Anonymous Anonymous said...

I wonder how much this website costs the US Citizens?

 
At March 31, 2010 at 2:17:00 AM EDT , Anonymous Anonymous said...

The USA allowed many parents, non green card holders, to come with their us citizen children and are not giving them any mean to take care of these kids. I would like to know if USCIS and the american governement are looking for a solution for these famillies that are the biggest victims of the tragidy in haiti. At least give them a temporary work permit to be able to take care of their children and themselves without having to try to realy on government and taxe payers ressource.

Thank you

 
At March 31, 2010 at 9:06:00 AM EDT , Anonymous Anonymous said...

I WONDER WHY US IMMIGRATION POSTED IN THEIR WEBSITE THAT WOULD EXPEDITED ALL APPLICATIONS FOR US CITIZEN FILED IN BEHALF OF THEIR RELATIVES IN CHILE AND THEY REFUSED TO DO THE SAME FOR HAITIANS, IS IT THE SAME OLD WAY THEY DISCRIMINATE HAITIANS AGAINST CUBAN. MY SISTER WAS KILLED IN HAITI AND MY BROTHERS ALREADY APPROVED FOR RESIDENCY AND THEY DON'T HAVE ANY PLACE TO STAY IN HAITI AND THE STATE DEPARTMENT TOLD ME THAT IT COULD TAKE ANOTHER 5 MORE YEARS TO GET A VISA NUMBER. WHAT A SHAME, EXPLAIN ME WHY.

 
At April 5, 2010 at 3:04:00 PM EDT , Anonymous Serdar said...

Thank you

 
At April 7, 2010 at 9:45:00 AM EDT , Anonymous Robert Rogers said...

This is a much needed measure because there is a great need here in S. Florida to give some sort of hope to the Haitian community. Hopefully we can smooth over this process and ensure that all the difficulties are worked out.

 
At April 14, 2010 at 2:43:00 PM EDT , Anonymous Anonymous said...

I CAME IN JANUARY BUT AFTER 12, I HAVE MORE PROBLEMS THAN OTHERS WHO WAS THERE BEFORE ME. I WANNA STAY THERE LEGALLY. WHAT CAN I DO?

 
At April 16, 2010 at 5:09:00 PM EDT , Anonymous Immigration to America said...

The provision about TPS in the INA is nothing new. It's been done before and I think it is only humane to help the victims who are already here and would not be able to return to Haiti. The only concern I have on this topic is the high application fee. Due to the high application fee (not all applicants would qualify for the fee waiver), there have been reports that very few Haitians who are technically eligible for TPS are interested to apply. If the U.S. is willing to help the victims, why burden them with such a high application fee?

 
At April 19, 2010 at 5:42:00 PM EDT , Anonymous Anonymous said...

I'M A RESIDENT IN THE US MY HUSBAND LIVES IN HAITI I APPLYED FOR HIM ALREADY NOW HE DOESN'T HAVE NOWHERE TO SLEEP WHAT IS THERE ANYTHING TO DO THAT CAN LET HIM LIVE TEMPORELY IN THE US?

SARA
THANK YOU

 
At May 4, 2010 at 7:02:00 PM EDT , Anonymous Anonymous said...

"At March 30, 2010 9:26:00 AM EDT , Blogger USCIS Blog Team said...

@ Commenters asking about H-4:

Current DHS regulations prevent H-4 visa holders from working in the United States. In response to your comments, however, USCIS is now reviewing the merits of allowing certain H-4 visa holders to work in the United States. However, any change would require the publication of a rule in the Federal Register amending current regulations."

What happened?

 
At May 12, 2010 at 7:04:00 PM EDT , Anonymous Anonymous said...

It is said that a US citizen and/or permanent resident can file I130 for family members to come live in the US permanently but the question is: would we have to wait 3 to 5 years for those applications to be processed? I am a US citizen but my husband is a permanent resident; my husband just filed for his 2 toddlers, just wondering how long will he has to wait to get the kids here? Thank you! It seems like all answers given keep avoiding this particular processing time question. Thank you!

 
At May 19, 2010 at 6:15:00 PM EDT , Anonymous Anonymous said...

Thank you for answering these essential questions. It was a very educational read for someone who has Haitian friends.

 
At June 3, 2010 at 12:34:00 AM EDT , Anonymous Yves said...

They approved my TPS application. I want to know if, after the TPS application, I've been married to a Haitian who were in USA before January 12 in a scholarship, but the scholarship will end on December 2010. Can she apply for the TPS?Do I have to notice USCIS that I'm married then they will give my wife papers to remain legally in the country?

Waiting for your answers. Thank you.

 
At July 12, 2010 at 4:09:00 PM EDT , Anonymous Anonymous said...

I was an exchange visitor 4 years ago, I'm currentely on TPS. Do I still have to apply for a J1 waiver to change my status to that of lawful permanent resident?

 
At July 22, 2010 at 11:37:00 AM EDT , Anonymous dizi izle said...

If the U.S. is willing to help the victims, why burden them with such a high application fee? Thanks.

 
At July 24, 2010 at 10:05:00 AM EDT , Anonymous Charlie said...

I think the Hatian people are beautiful and genuine. They have the potential to enrich any culture that they are allowed to enter. I also think that an education in birth control would do wonders for the future of this and many other third world countries.

 
At July 28, 2010 at 6:15:00 PM EDT , Blogger Alan said...

I would not even want to think about having to go through this type of catastrophe. There are so many people in pain that it seems nearly impossible to be able to lend help in a way that won't put our already strained government resources to the test.

 
At September 15, 2010 at 4:15:00 AM EDT , Anonymous Scott Horsburgh said...

I'd like to know what other ways you can suggest that we can help these people.

 
At October 7, 2010 at 5:22:00 PM EDT , Anonymous Snoring Solutions said...

My church has been active in helping Haiti. It is amazing how much need there is in that country. I hope we can find a way to do more.

 
At October 8, 2010 at 5:40:00 PM EDT , Anonymous Jenny said...

There is much need in the country and are always looking for ways to help increase awareness.

 
At February 24, 2011 at 12:22:00 PM EST , Anonymous Camping Tips said...

I find it disgraceful that banks can be bailed out with millions of tax payers money for mistakes they have done. Instead money should be invested into countries like Haiti which are in dire need of basic infrastructure.

 
At March 20, 2011 at 3:35:00 PM EDT , Anonymous Galapogos islands said...

Too bad the recovery of Haiti is so slow. I'm sure the recovery of Japan will be much faster. As they always say, it is better to be rich.

 
At December 31, 2011 at 5:32:00 PM EST , Anonymous Anonymous said...

Wow, I am just a regular American girl that got on a plan and wanted to see for myself what I could do for Haiti and reading some of this post has made me happy that I did. If I had not and only had to rely on what the media and what is said here, I would be confused. I was there when the lights get turned out for days and the meats and milk sour, I was there with the people living in tents still today, All the rubble that is still not clean up and met a little girl walking miles to sell at the street market to feed her little brother and sister and she only 10 years old. I have lived in the Housing Projects as a little girl but compared to Haiti, I lived like a Princess.
I don't have a lot of money nor do I live in a big house according to American standards, but I will continue to give and help as much as I can. Haitians with all their problems still love God and worship every day and for hours, way more than we do here. The government takes our money and bail out rich so they stay rich and personally I prefer my hard earned money going to a country that needs it the most. Ayati mwen konprann ou ak mwen tris ou bezwen gwo ed, all Americans don't feel like some of these comments and we want to help even this poor little American girl

 
At March 31, 2012 at 7:25:00 PM EDT , Anonymous Anonymous said...

I would like to know if a TPS beneficiary can apply for and get scholarship?

 
At January 15, 2013 at 1:00:00 AM EST , Blogger Linsay Way said...

Something like $11 billion dollars of foreign assistance was donated to the Haitian Relief effort. How did they accomplish so little?

 
At March 17, 2014 at 10:54:00 PM EDT , Anonymous Anonymous said...

I'm an Haitian who came in the United States of America in March 2012. During those tow years I was expecting to apply so much for the TPS but the date posted on the website chows obviously that I'm not eligible. I'm so depressed that I don't know how long that I could support my illegal status. Do you think that there is a hope for me to remediate this situation ? Do they going to extend the date Im afraid to become crazy if I loose my time in this land of opportunity.

God Bless America

 
At October 21, 2014 at 6:38:00 AM EDT , Anonymous anek uteun said...

woooowwww.............

 
At October 21, 2014 at 6:39:00 AM EDT , Anonymous anek uteun said...

:D

 

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