DHS designates Haiti for Temporary Protected Status (TPS)

Posted on Aug 05, 2021

On Tuesday, August 3, 2021, the Department of Homeland Security (DHS) announced that it had designated Haiti for Temporary Protected Status (TPS) for a period of 18 months, from August 3, 2021 through February 3, 2023. This designation of TPS will allow eligible nationals from Haiti to apply for protected status and also to apply for a work permit (which is optional).

What are the dates of the designation of Haiti for TPS? Haiti has been designated for TPS for a period of 18 months, starting August 3, 2021 and ending on February 3, 2023.

When is the registration period for new TPS applications? The registration period for eligible nationals from Haiti begins August 3, 2021 and will remain in effect until February 3, 2023. All eligible applicants for TPS from Haiti will be required to file their applications and register during this time period.

What forms do I need to file in order to obtain TPS? According to USCIS, eligible individuals should submit an initial Application for Temporary Protected Status on Form I-821 during the registration period. They may also submit an I-765 Application for Employment Authorization to obtain a work permit.

Do I have to pay a Filing Fee in order to obtain TPS or a Work Permit? Whether you have to pay a filing fee depends upon your age and whether you are filing an initial application or you are re-registering. It will also depend upon whether you filing the optional I-765 application for a work permit. For more information, go to the USCIS websites page on Form I-821 and look under the “Filing Fee” information here: https://www.uscis.gov/i-821You can also check out the USCIS fee calculator here: https://www.uscis.gov/feecalculator

What is the Continuous Residence Requirement for Haiti TPS? In order to establish eligibility, applicants will have to show continuous residence in the United States since July 29, 2021. You may establish this requirement by showing that you were residing and living in the United States as of the continuous residence date. Acceptable evidence to prove your continuous residence in the United States includes school records, employment records, medical records, utility bills, records from a religious organization to which you belong, or billing records/receipts which contain your name and a date. You can find a more complete list of acceptable evidence of continuous residence on the Instructions for the I-821 form which is provided by USCIS.

What is the Continuous Physical Presence Requirement for Haiti TPS? In addition to establishing continuous residence (above), applicants will have to show continuous physical presence in the United States since August 3, 2021. You may establish this requirement by submitting proof that you entered the United States before this continuous physical presence date. The best evidence of this fact would be a copy of your Passport (with an entry stamp) and/or your I-94 Arrival / Departure Record which you can obtain online through USCIS. Other documents which may be acceptable to USCIS include school records, employment records, medical records, utility bills, or billing records/receipts which contain your name and a date.

What are the benefits of TPS? If you are granted TPS, you will have a legal immigration status and will be able to stay in the United States for the entire time that TPS was designated for your country of origin. This can be anywhere between 6 and 18 months, including any periods of time that TPS is extended (as long as you continue to remain eligible and apply as necessary). In addition, if you have TPS, you cannot be removed (deported) from the United States. If you are granted TPS you will also be eligible to work in the United States as well, but you will have to file a separate application for Employment Authorization (on Form I-765) and obtain a work permit. Finally, if you are granted TPS, you will also be able to travel outside of the United States, as long as you apply for and you are granted advance parole by USCIS (Form I-131).

If you are from Haiti and you need assistance with your I-821 Application for Temporary Protected Status, contact U.S. Immigation Lawyer Sean D. Hummel.

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