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Immigration Update Pertaining to Haiti and the Designation for 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:
      1. Must be a national (citizen) of Haiti and enter the United States as a Haitian national
        • 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
      1. Must have resided in the United States since July 29, 2021
        • Have you been living in the US since that date?
      1. Must have been continuously physically present since August 3, 2021
        • Were you physically in the United States since that date?
      1. Must not have firmly resettled in another country before coming to the United States
        • 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.
      1. Must not have certain criminal convictions
        • 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)

Recent Updates Pertaining to Temporary Protected Status for El Salvador, Haiti, Nicaragua and Sudan

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.

Correction to the Recent Changes to Temporary Protected Status Pertaining to Haiti

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.

Recent Changes to Temporary Protected Status Pertaining to Haiti

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

Recent Changes to Temporary Protected Status Pertaining to Honduras, Nicaragua, and Haiti

Presione aquí para la versión en Español       
Peze la pou tradui nan Kreyol Ayisyen

The Department of Homeland Security (DHS) recently made important announcements impacting the rights of people from Honduras, Nicaragua, and Haiti who receive Temporary Protected Status (TPS).  Honduras and Nicaragua were originally designated for TPS in 1999, after the devastation caused by Hurricane Mitch while Haiti’s original designation for TPS was issued in 2010 following the effects of a 7.0-magnitude earthquake. The TPS designation has permitted Honduran, Nicaraguan, and Haitian nationals to live and work in the United States legally, to own homes and businesses, and to establish family roots.

Catholic Migration Services urges anyone who receives TPS for Honduras, Nicaragua, or Haiti to call our office and schedule an appointment for a free legal consultation.

The DHS Determination for TPS Holders from Honduras
The Department of Homeland Security announced that additional information is necessary regarding the TPS designation for Honduras, and therefore it has made no determination regarding Honduras at this time. As a result of the inability to make a determination, the TPS designation for Honduras will be automatically extended for six months from the current January 8, 2018 date of expiration to the new expiration date of July 5, 2018. TPS recipients from Honduras must re-register with DHS between December 15, 2017 and February 13, 2018.

TPS beneficiaries are reminded that, prior to July 5, 2018, the Secretary will review the conditions in Honduras and decide whether to extend or terminate the TPS designation. During this period, beneficiaries are encouraged to prepare for their return to Honduras in the event Honduras’ designation is not extended again and if they have no other lawful basis for remaining in the United States, including requesting updated travel documents from the Government of Honduras.

The DHS Determination for TPS Holders from Nicaragua
The Department of Homeland Security announced that the TPS designation for Nicaragua will terminate on January 5, 2019. At that time, nationals of Nicaragua (and aliens having no nationality who last habitually resided in Nicaragua) who have been granted TPS under the Nicaragua designation will no longer have TPS.

Nationals of Nicaragua (and aliens having no nationality who last habitually resided in Nicaragua) who have been granted TPS and wish to maintain their TPS and receive TPS-based Employment Authorization Documents (EAD) valid through January 5, 2019, must re-register for TPS.  The 60-day re-registration period runs from December 15, 2017 through February 13, 2018. (NOTE: It is important for re-registrants to timely re-register during this 60-day period and not to wait until their EADs expire).

The DHS Determination for TPS Holders from Haiti
The Department of Homeland Security announced on November 20, 2017 that the TPS designation for Haiti will terminate on July 22, 2019. At that time, nationals of Haiti (and aliens having no nationality who last habitually resided in Haiti) who have been granted TPS under the Haiti designation will no longer have TPS.

Nationals of Haiti (and aliens having no nationality who last habitually resided in Haiti) who have been granted TPS and wish to maintain their TPS must re-register. Information about re-registration will be published in the Federal Register. No Federal Register Notice has been issued as of November 21, 2017. Please check this website periodically for updates regarding the renewal process.

How Anyone Can Advocate on Behalf of TPS Recipients
We urge the community to contact your local representatives and inform them to maintain this critical humanitarian protection. Take action by writing a letters(s) to the Administration and your local members of Congress requesting an extension of TPS; share stories; and learn more.

Catholic Migration Services is a non-profit organization that offers free immigration, employment, and housing legal services to Brooklyn and Queens residents. Please continue to visit our website at catholicmigration.org for further updates and important information about the government’s immigration policies.

Download this statement as a PDF