UPDATE AS OF: Wednesday, January 25, 2023
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 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. Those granted TPS under the 2021 designation must re-register from January 26 to March 27, 2023 in order to maintain TPS and work authorization.
- 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 from January 26, 2023 through 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 between January 26, 2023 and August 3, 2024.
- If you have been granted TPS under the 2021 redesignation, you will have to re-register for TPS during a 60 day period, from January 26 through March 27, 2023 in order to extend your TPS and work permit to August 3, 2024.
- Work permits with the expiration date of February 3, 2023 are automatically extended through February 3, 2024.
- If your initial application for TPS under the 2021 redesignation is still pending on February 3, 2023, you do not need to file another application to re-register.
- If you have continuously resided in the United States since November 6, 2022, you can register for TPS from January 26, 2023 until August 3, 2024 under the 2022 redesignation.
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.
