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Fact Sheet: Temporary Protected Status for Haiti
Posted on Sep 12 2023
This fact sheet was updated on and is current as of September 8, 2023. This is not legal advice.
UPDATE: On September 8, 2023, the Department of Homeland Security (DHS) extended the re-registration period for Haiti until August 3, 2024.
On December 5, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced an extension and redesignation of Haiti for Temporary Protected Status (TPS). This extension and redesignation will be in effect from February 4, 2023, through August 3, 2024. Instructions for applying for TPS are included in the Federal Register Notice (FRN) on TPS Haiti.
What is temporary protected status (TPS)?
TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.
During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.
What does the extension of TPS for Haiti mean? UPDATED
If you have TPS under the Haiti designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period. The 60-day re-registration period for existing beneficiaries runs from January 26, 2023 through August 3, 2024. The Federal Register notice (FRN) provides further details. A new FRN for this re-registration extension will be published soon.
Because of processing delays with re-registration, DHS has automatically extended EADs issued under the August 3, 2021 TPS designation of Haiti to February 3, 2024. To show employment authorization under this automatic extension, you must have an EAD with eligibility category “A-12” or “C-19” with an expiration date of February 3, 2023 and show your employer a copy of the Federal Register Notice.
What does the redesignation of TPS for Haiti mean?
If you are a Haitian national and have never had TPS, you can now apply for TPS for the first time if you have lived in the United States continuously since November 6, 2022. You can apply for TPS during the registration period. You must also meet the eligibility requirements. The initial registration period for new applicants under the Haiti TPS redesignation begins on January 26, 2023 and will remain in effect through August 3, 2024. The FRN provides further details.
How do I apply for TPS? UPDATED
People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.
If you have TPS and are applying for an extension of your TPS under the Haiti designation your re-registration period runs from January 26, 2023 through August 3, 2024.
If you do not have TPS and are applying for TPS under the Haiti designation for the first time, your registration period runs from January 26, 2023 through August 3, 2024.
More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN). A new FRN for this re-registration extension will be published soon.
Is TPS status given automatically?
No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.
How long will eligible people have protection under TPS?
TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating TPS for Haiti until August 3, 2024. TPS status can, however, be extended.
I am from Haiti and currently have TPS. Do I need to re-register?
Maybe. If you are a beneficiary of TPS under the August 2021 Haiti designation, you should re-register under this extension.
If you have TPS under the 2011 TPS designation* you are allowed to apply under this redesignation of TPS for Haiti. Talk to an immigration attorney to further discuss your specific situation.
*On November 10, 2022, DHS posted a Federal Register Notice announcing that beneficiaries under the 2011 TPS designation for Haiti, will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remain in effect, provided they remain individually eligible for TPS. Their Employment Authorization Documents (EAD) are extended automatically through June 30, 2024.
I am from Haiti, and I currently have TPS under the 2011 designation. Should I apply for TPS under this redesignation?
Maybe. You are allowed to apply under this redesignation of Haiti and if granted, you will retain TPS under this designation regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.
I am from Haiti and do not have TPS. Can I apply?
Maybe. If you have continuously resided in the United States as of November 6, 2022, and you are otherwise eligible, you may register for TPS during the registration period for first-time applicants (01.26.23-08.03.24). Talk to an immigration attorney to further discuss your specific situation.
Does TPS Status provide a path to permanent residency?
No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.
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