by Natasha B. | Jan 5, 2023 | Immigration, News, Press Releases and Statements, Temporary Protected Status (TPS)
UPDATE AS OF: Monday, January 1, 2023
What is Temporary Protected Status (TPS)?
- Temporary Protected Status is an immigration status available to some people from countries the Secretary of the Department of Homeland Security (DHS) has designated as “unsafe to return to” for various reasons, such as civil war, political unrest, natural disaster, etc.
- TPS is a temporary immigration status that may be renewed for as long as the TPS designation is in place. A TPS designation may be made for 6, 12 or 18 months at a time. Nationals of the country designated for TPS must register during that time.
- At least 60 days before the expiration of the TPS designation, DHS must decide whether to extend or terminate the designation, based on conditions in that particular country. If TPS is extended, those who were granted TPS must re-register under that extension. Some countries have been designated for TPS for decades.
- DHS may re-designate a country for TPS based on new events that make that country unsafe to return to.
- If you are granted TPS, you:
- May not be deported from the United States;
- Can obtain an employment authorization card and a Social Security number;
- Can obtain permission to travel abroad and return to the United States.
- To be eligible for TPS, you must meet the following requirements:
- Be a national of the designated country (or a person without nationality who last habitually resided in that country);
- Have been continuously physically present in the United States since a specified date;
- Have continuously maintained a residence in the United States since a specified date;
- File during the initial registration or re-registration period.
Has Haiti been designated for TPS?
- Haiti was originally designated for TPS after the January 10, 2010 earthquake and redesignated on May 19, 2011. Haitian nationals who were continuously physically present in the United States since January 12, 2011 were eligible to apply. This original designation and redesignation have been extended for years. On November 10, 2022, it was announced that Haitians granted TPS under the original designation and the May 19, 2011 redesignation, and who have timely re-registered under every subsequent extension, will have their TPS status automatically extended through June 30, 2024.
- Haiti was redesignated for TPS on August 3, 2021 for 18 months, until February 3, 2023. Haitian nationals who have been continuously residing in the United States since July 29, 2021 are eligible to apply and must do so before February 3, 2023. On December 5, 2022, DHS announced that this designation will be extended for 18 months, until August 3, 2024. The re-registration period has not been announced yet.
- On December 5, 2022, DHS also announced that Haiti will be redesignated for TPS for 18 months, until August 3, 2024. Haitian nationals who have been continuously residing in the United States since November 6, 2022 are eligible to apply and must do so before August 3, 2024.
When can I apply for TPS?
- If you have been granted TPS status under the 2011 designation and have maintained that status, you do not have to re-register for TPS because it has been automatically extended through June 30, 2024. However, as that designation was sought to be terminated by the Trump Administration and that termination is being litigated in court, you may want to register under the 2021 or the 2022 redesignations, which are not subject to litigation. To register under the 2021 redesignation, you must prove that you have been continuously residing in the United States since July 29, 2021 and you must apply before February 3, 2023. To register under the 2022 redesignation, you must prove that you have been continuously residing in the United States since November 6, 2022 and you must apply before August 3, 2024 – this registration process has not started yet.
- If you have been granted TPS under the 2021 redesignation, you will have to re-register under the extension announced on December 5, 2022. That re-registration period has not started yet.
- If you have NOT been granted TPS under previous designations and you have continuously resided in the United states since November 6, 2022, you can register when the registration period is announced and until August 3, 2024. That registration period has not started yet.
- To confirm the start of these registration and re-registration processes, please call the New York State New Americans Hotline – a hotline that provides free information and referrals on immigration matters – at 800-566-7636, Monday through Friday, between 9:00 a.m. and 8:00 p.m.
How do I apply?
We recommend consulting a lawyer to determine if you are eligible to apply for TPS and to learn more about what documents you need to include in your application.
For more information about TPS and referrals to free legal service providers, you can call the New Americans Hotline at (800) 566-7636, Monday through Friday, between 9:00 a.m. and 8:00 p.m.
For additional information, you can also contact Action NYC at (800) 354-0365 – Monday through Friday, between 9:00 a.m. and 6:00 p.m. – to connect with City-funded, free and safe immigration legal help.
Download this update as a PDF: Immigration Update Pertaining to Haiti and Temporary Protected Status (TPS)
About Catholic Migration Services: For over 50 years, Catholic Migration Services, a not-for-profit legal services provider affiliated with Catholic Charities of Brooklyn and Queens and the Roman Catholic Diocese of Brooklyn, has been providing quality legal services to low-income individuals in New York City in the areas of immigration, housing, and employment laws. For more information, please visit www.catholicmigration.org and connect with us on Facebook, Twitter, and Instagram @CMSBQ.
by Natasha B. | Nov 12, 2021 | Legal Services, Press Releases and Statements, Temporary Protected Status (TPS)
Peze la pou tradui nan Kreyol Ayisyen
What is Temporary Protected Status (TPS)?
- Temporary Protected Status is an immigration status available to some people from countries the Secretary of Homeland Security has designated as “unsafe to return to” for various reasons, such as civil war, political unrest, natural disaster, etc.
- TPS is a temporary immigration status that may be renewed for as long as the TPS designation is in place
- People with TPS:
- May not be deported from the United States
- Can obtain employment authorization cards (“work permits”)
- Can obtain permission to travel in some situations(“advance parole”)
What Temporary Protected Status is NOT:
- TPS is not, by itself, a path to permanent residence, citizenship, or other long-term immigration status
- TPS does not stop an individual from seeking other immigration benefits (i.e., asylum, permanent residence, other nonimmigrant status)
- TPS is not an absolute protection against deportation
- If an individual becomes ineligible for TPS due to criminal convictions or any other reason, the individual may be deportable
- TPS is not permanent
- TPS designations may last for many years, as it has with Haiti, but it cannot become permanent
- If the unsafe situation in a TPS country resolves itself, the Secretary of the Department of Homeland Security (DHS) may end the TPS program for that country
Who is eligible for the newly announced Haitian TPS?
- Haiti was designated for TPS on August 3, 2021
- The general eligibility requirements for Haitian TPS are:
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- Must be a national (citizen) of Haiti and enter the United States as a Haitian national
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- If you entered the United States with a non-Haiti passport or claimed citizenship from another country, you are likely not eligible for Haitian TPS
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- Must have resided in the United States since July 29, 2021
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- Have you been living in the US since that date?
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- Must have been continuously physically present since August 3, 2021
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- Were you physically in the United States since that date?
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- Must not have firmly resettled in another country before coming to the United States
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- If you were offered or received a permanent or long-term immigration status in another country before arriving in the United States, you may be ineligible for TPS.
- If you think you may have firmly resettled, you should speak with an immigration attorney before applying for TPS.
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- Must not have certain criminal convictions
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- This is a complex area of immigration law. Speak with an immigration attorney if you have concerns about prior convictions.
How do I apply for Temporary Protected Status?
- The fee to apply for TPS is $545($135 if you do not want a work permit). This fee is the same for all TPS applicants right now, even if you have had TPS previously
- This filing fee may be waived in certain circumstances (i.e., low-income, public assistance recipients)
- FormI-821, Application for TPS, must be filed to receive TPS
- FormI-765, Application for Employment Authorization, is required to receive a work permit
- Documentation showing you meet the eligibility requirements must be submitted:
- Proof of Haitian citizenship (passport and/or birth certificate)
- Proof you have resided and been present in the United States
- Visa stamp or other entry records, lease, bills, school, medical and/or employment records, bank statements, etc.
- If you have been arrested or think you may have firmly resettled, you may need to provide additional documentation. You should speak with an immigration attorney if you are unsure
- Where and how to file for TPS can be found at the United States Citizenship and Immigration Services website:
- gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti
If you have any questions or concerns, please call Catholic Migration Services in Brooklyn at (718) 236-3000 or in Queens at (347) 472-3500 between 9:00 a.m. and 5:00 p.m. from Monday through Friday.
Click here to download this update as a PDF: Immigration Update Pertaining to Haiti and the Designation for Temporary Protected Status (TPS)
by Natasha B. | Nov 12, 2018 | Family Resources, Immigration, Legal Services, Press Releases and Statements, Temporary Protected Status (TPS)
November 12, 2018
Presione aquí para la versión en Español
Peze la pou tradui nan Kreyol Ayisyen
Recent Updates to Temporary Protected Status (TPS)
On October 3, 2018 a court temporarily stopped the U.S. Government from terminating Temporary Protected Status (TPS) for four countries: El Salvador, Haiti, Nicaragua and Sudan. This ruling means that, for now, people with TPS from those four countries can lawfully remain in the United Status. This is only a temporary decision, it is not permanent, which means, it can change at any time. The ruling does not impact the termination of TPS for Guinea, Liberia, Honduras, Nepal or Sierra Leone.
What this announcement means for Temporary Protected Status (TPS) Recipients:
As of January 2018, Temporary Protected Status (TPS) had been terminated for 7 countries: Guinea, Liberia, Sierra Leone, Sudan, Nicaragua, Haiti and El Salvador. The injunction from the California court stops the government from deporting protected immigrants from the countries of Sudan, Nicaragua, Haiti, and El Salvador while the case continues.
The Judge prohibited the government from terminating TPS for these four countries pending the outcome of the litigation.
This decision does not allow people from these countries who had not previously applied for TPS to apply for TPS now.
On October 31, 2018 The Department of Homeland Security publicly stated that Nicaraguan and Sudanese TPS holders who re-registered during the last re-registration period for their country received an automatic extension of TPS until April 2, 2019.
Nicaraguan and Sudanese TPS holders whose cases have already been approved and who have Employment Authorization Documents (“work permits”) set to expire will receive automatic extensions of their work authorization through April 2, 2019.
Automatic extension of work authorization documents apply to TPS holders whose cases have already been approved by the United States Citizenship and Immigration Services (USCIS) as well as TPS holders with pending applications.
More information about TPS for Haiti and El Salvador will be provided if the court case continues past the termination dates for Haiti (July 22, 2019) and El Salvador (September 9, 2019).
Catholic Migration Services urges anyone who received TPS for Guinea, Liberia, Nepal, or Sierra Leone to call our office and schedule an appointment for a free legal consultation.
What happens next:
The court case will continue, and there may eventually be a court decision or settlement that resolves whether TPS can be terminated, and if so, the circumstances for such termination. Until then, the U.S. government cannot terminate TPS for El Salvador, Haiti, Nicaragua and Sudan.
How to Contact Us for Free Legal Advice:
If you are a TPS recipient for Guinea, Liberia, Nepal, or Sierra Leone and have questions or concerns, please call Catholic Migration Services in Brooklyn at (718) 236-3000 or in Queens at (347) 472-3500 for free legal advice about how this court decision may impact you. Our office hours are Monday through Friday between 9:00 a.m. and 5:00 p.m. For additional information, visit our website and follow us on social media via Facebook, Twitter, and Instagram @CMSBQ.
You can also obtain free legal advice by calling 311 and asking for “Action NYC.”
Download this update as a PDF.
by Natasha B. | Jan 22, 2018 | Immigration, Legal Services, News, Press Releases and Statements, Temporary Protected Status (TPS)
January 22, 2018
Presione aquí para la versión en Español
Peze la pou tradui nan Kreyol Ayisyen
The recent Federal Register Notice on Temporary Protected Status (TPS) for Haiti contained an error affecting Haitian TPS holders who have pending applications with USCIS. Below please find those corrections reflected.
The Department of Homeland Security (DHS) announced the termination of the designation of Temporary Protected Status (TPS) for Haiti on November 23, 2017. TPS for Haitian recipients will expire on July 22, 2019. Please read the following for information pertaining to the re-registration process.
Catholic Migration Services urges anyone who receives TPS for Haiti to call our office and schedule an appointment for a free legal consultation.
What are the important deadlines?
- If you are a current Haitian TPS holder with a pending TPS application as of January 18, 2018 you do NOT need to apply again. If TPS is approved from the pending application, TPS will be granted through the termination date of July 22, 2019 and you will receive an Employment Authorization Document (work permit) with an expiration date of July 22, 2019.
- Current Haitian TPS holders who received an Employment Authorization Document with an expiration date of January 22, 2018, will receive an automatic extension of their work permit for 180 days (valid through July 21, 2018) however, you must re-register in order to continue receiving TPS through the termination date of July 22, 2019.
- Re-registration for Haitian TPS runs from January 18, 2018 through March 19, 2018.
- If you do not re-register during this time period, you will not be in lawful status and will effectively abandon your TPS.
Do I need to apply for a new Employment Authorization Document (work permit)?
- The Department of Homeland Security has automatically extended the validity of work permits expiring on January 22, 2018 for 180 days, through July 21, 2018. If you wish to maintain status and have a valid work permit through July 22, 2019, you should apply for a new work permit.
- For Haitian TPS holder with pending TPS applications, and a work permit that expires on July 22, 2017, your work authorization will similarly be automatically extended. However, you will need to provide the following documents to your employer:
- An Employment Authorization Document with a July 22, 2017 date on its face;
- An Employment Authorization Document application receipt from the previous Haitian TPS renewal period (filed on or after May 24, 2017);
- A copy of the USCIS supplemental statement which was issued on January 18, 2018
- Federal Register Notice dated January 18, 2018.
Do I need to pay any fees?
- If you are 14 years or older, you must submit an $85 biometrics fee with your re-registration;
- If you are unable to pay the biometrics fee, you may submit a request for a fee waiver;
- You do not need to pay a filing fee for renewing your TPS if you are under 14 years old;
- If you wish to receive a new work permit with a July 22, 2019 expiration date on the face of the card, you must pay the $410 Employment Authorization Document fee;
- All forms and payments can be filed together.
To be screened for other possible forms of immigration relief or if you have any questions, please contact Catholic Migration Services at (718) 236-3000.
Download this update as a PDF.
by Natasha B. | Jan 18, 2018 | Immigration, Legal Services, Press Releases and Statements, Temporary Protected Status (TPS)
January 18, 2018
The Department of Homeland Security (DHS) announced the termination of the designation of Temporary Protected Status (TPS) for Haiti on November 23, 2017. TPS for Haitian recipients will expire on July 22, 2019. Please read the following for information pertaining to the re-registration process.
Catholic Migration Services urges anyone who receives TPS for Haiti to call our office and schedule an appointment for a free legal consultation.
What are the important deadlines?
- If you are a current Haitian TPS holder with a pending TPS application as of January 18, 2018 you do NOT need to apply again. If TPS is approved from the pending application, TPS will be granted through the termination date of July 22, 2019 and you will receive an Employment Authorization Document (work permit) with an expiration date of July 22, 2019.
- Current Haitian TPS holders who received an Employment Authorization Document with an expiration date of January 22, 2018, will receive an automatic extension of their work permit for 180 days (valid through July 21, 2018) however, you must re-register in order to continue receiving TPS through the termination date of July 22, 2019.
- Re-registration for Haitian TPS runs from January 18, 2018 through March 19, 2018.
- If you do not re-register during this time period, you will not be in lawful status and will effectively abandon your TPS.
Do I need to apply for a new Employment Authorization Document (work permit)?
- The Department of Homeland Security has automatically extended the validity of work permits expiring on January 22, 2018 for 180 days, through July 21, 2018. If you wish to maintain status and have a valid work permit through July 22, 2019, you should apply for a new work permit before the July 21, 2018 expiration date.
Do I need to pay any fees?
- If you are 14 years or older, you must submit an $85 biometrics fee with your re-registration;
- If you are unable to pay the biometrics fee, you may submit a request for a fee waiver;
- You do not need to pay a filing fee for renewing your TPS if you are under 14 years old;
- If you wish to receive a new work permit with a July 22, 2019 expiration date on the face of the card, you must pay the $410 Employment Authorization Document fee;
- All forms and payments can be filed together.
To be screened for other possible forms of immigration relief or if you have any questions, please contact Catholic Migration Services at 718-236-3000.
Download this update as a PDF
