SPECIAL NOTE FOR HAITIANS
TEMPORARY PROTECTED STATUS PRO BONO ASSISTANCE
The Department of Homeland Security has recently decided to allow for TPS (Temporary Protected Status) to out-of-status Haitians in the United States on January 12, 2010. If you are qualify and are in need of assistance with filing your application with USCIS we are currently assisting eligible individuals by helping them complete their paperwork “pro bono” (no legal fee, free to you, does not include filing fees, though we can help you apply for a fee waiver, if appropriate and necessary). Please email us with your cell phone number and we will contact you. You do not need to reside in Brooklyn, we can help you if you live anywhere in the United States. Applications can be submitted until July 20,. 2010 for the 18 month TPS period ending July 22, 2011.
INFORMATION REGARDING FILING FOR Temporary Protected Status
Temporary Protected Status will allow you to remain in the United States for at least eighteen (18) months without fear of removal (deportation) proceedings effecting you during that time, it may be extended. You can also apply for work authorization and travel authorization.
The laws pertaining to TPS can be found in section 244 of the Immigration and Nationality Act (INA), 8 USC section 1254a, and in the regulations at 8 CFR Part 244.
The forms used to register and re-register for TPS are:
- I-821, Application for Temporary Protected Status
- I-765, Application for Employment Authorization
You must file both forms together, even if you do not want work authorization. You must also file these forms with the required fees, or a fee waiver request if you can show that you are not able to pay the fees.
You are eligible for TPS if you meet all of the following requirements:
- Are a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country (i.e., in your case, Haiti);
- File during the open registration or re-registration period, or you meet the requirements for late initial registration regardless of whether there is currently an open registration or re-registration period;
- Have been continuously physically present (CPP) in the United States since the most recent designation date of your country (January 12, 2010 for Haitians);
- Have been a continuous resident (CR) in the United States since the date specified for your country;
- Have not been convicted of any felony or two or more misdemeanors in the United States;
- Are not a persecutor, or otherwise subject to one of the bars to asylum;
- Are not subject to one of the criminal or security related grounds of inadmissibility for which a waiver is not available; and
- Have met all the requirements for TPS registration or re-registration as specified for your country
More specific information relating to the grounds of eligibility may be found at INA § 244(c) and 8 CFR §§ 244.1-244.4.
More information about the application process can be found on the USCIS website.