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Haitian Temporary Protected Status

Generally

The Department of Homeland Security has determined that an 18 month designation of Temporary Protected Status (TPS) for Haiti is warranted, in light of the devastating earthquake and aftershocks that occurred in Haiti on January 12, 2010.

Temporary Protected Status (TPS) is granted to eligible nationals of countries, or persons without a nationality who last habitually lived in that country. The Department of Homeland Security determines TPS countries based on whether the country has recently experienced a temporary negative condition - such as armed conflict or an environmental disaster - that prevents nationals of the country from returning safely.

TPS beneficiaries may remain in the US and legally work for a set time period. TPS does not lead to permanent resident status by itself or confer any other immigration status. However, registration for TPS does not prevent applicants from applying for nonimmigrant status, filing for adjustment of status based on immigrant petition, or applying for any other immigration benefit or protection for which the applicant is eligible.

Eligibility

To qualify for Haitian TPS, an applicant must:

  • Be a national of Haiti, or a person without nationality who last habitually resided in Haiti

  • Have continuously resided in the US since January 12, 2010.

  • Have been continuously physically present in the US since January 21, 2010, and

  • Meet certain immigrant admissibility requirements, and other TPS eligibility requirements

  • Satisfactorily complete all TPS application procedures

Applicants must submit their Application for Temporary Protected Status and Application for Employment Authorization, along with the appropriate fees and documents. 

Applicants should be aware that factors, such as a criminal history or other security-related bars, can make an applicant ineligible for TPS. 

The registration period for Haitian TPS starts on January 21, 2010, and will continue for 180 days from that date.  Applicants must file for TPS within the registration period. 

Filing Fees

The fee for the Application for Temporary Protected Status is $50. A separate $80 biometric fee is required for applicants who are age 14 or older. 

A $340 fee must be submitted with the Application for Employment Authorization if the applicant is between the ages 14 to 65. If the applicant does not require employment authorization, the Application is still required but no fee is necessary.

Applicants may request a waiver of TPS-related application fees by submitting a fee waiver request with proper documentation of inability to pay. Fee waivers may also be given for humanitarian reasons such as disability, homelessness, or age. 

 

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