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  • Writer's pictureRyan Driscoll

TPS for Haiti

On Friday May 22, 2021, the Department of Homeland Security designated Haitians who are present in the United States, as of May 21, 2021, eligible for Temporary Protected Status (TPS).

What is TPS?

TPS is a special program that is meant to allow foreign nations to stay inside the United States, and to work for a temporary period of time, because their home nation is not safe. The Department of Homeland Security Secretary may designate a country with TPS if there is an ongoing war, such as a civil war, or if there was a natural disaster or epidemic, or if some other extraordinary event is taking place in that country. At the moment, there are 12 nations currently with the TPS designation.

With that backdrop, who is eligible for Temporary Protected Status (TPS) from Haiti? How does the process work?

In order to be eligible, you must...

  1. Be present in the United States on or before May 21, 2021

  2. Complete Form I-821. Each family member must submit their own application

  3. Pay Application fee of $50 + Biometrics Fee of $85 = $135 (initial applicants)

    1. Re-registration is only $85 biometrics fees for those over 14 years old

  4. Complete I-765 along with Form I-821

    1. Re-re registration I-765, EAD, fee is $410

  5. File an application for every person in the family

  6. Provide documentation to prove nationality:

    1. Passport, birth certificate w/ a photo ID, and/or national ID card

  7. Provide documentation to prove entry in the US

    1. Passport, I-94, or other document to prove residence in the US

  8. Provide documentation to prove residence in the US

    1. Employment records

    2. Rent receipts, utility bills

    3. School records

    4. Hospital or medical records

    5. Attestation by churches, unions, landlord, or any other organization

    6. Additional documents may include money order, receipts, birth certificate of children, mortgage, bank transactions, insurance policies, etc

  9. If you have been arrested, obtain documents from the court showing the police report, court records, and a final disposition of your case. I highly recommend you hire an experienced immigration attorney that can evaluate your criminal background before applying for TPS.

TPS is a great benefit for many people because it prevents them from being picked up by ICE if they are in the country without a valid immigration status, and it grants them the right to a work authorization. TPS does have limits though. For instance, you cannot adjust your status to a legal permanent resident, unless you have a different path, and, theoretically, it is a program that will eventually end. However, many TPS designations have been renewed for many years.

If you are from Haiti, and have been in the United States since May 21, 2021, please reach out to our law firm to schedule a consultation.

Also, for more information, check out this video we made on TPS for Haitians: Click here for video on TPS for Haiti


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