If you are from Haiti, Get a Work Permit and a Permission to Stay
NEW ELIGIBILITY RULES!
EVEN IF YOU CAME AFTER THE EARTHQUAKE, YOU MIGHT BE ELIGIBLE!
If you are from Haiti and came to the U.S. on or before January 12, 2011 - up to 1 year after the earthquake - you can get a permission to work legally in the United States and a permission to stay here legally until January 22, 2013 (that time period may be extended in the future). If you already have TPS, you can renew it for an additional 18 months.
Because of the horrific earthquake and aftershocks that occurred in Haiti on January 12, 2010, The Department of Homeland Security (DHS) granted Temporary Protected Status (TPS) for Haiti for the period of 18 months and now extended it for another 18 months. The Department of Homeland Security did this because Haitians in the United States (and other individuals without nationality who last habitually resided in Haiti) are unable to return safely to their country. You can apply if you came to the United States on or before January 12, 2011.
To find out more information or to schedule a consultation with one of our lawyers, who can apply for your TPS, call:
- in NY: 718/554-3630
- in NJ: 973/446-0809
or fill out the form on the right. Leave your Email and Phone number. One of our attorneys will contact you as soon as possible.
Have more questions about TPS? We prepared a list of Frequently Asked Questions and answered them below:
What is Temporary Protected Status?
TPS is a temporary immigration status granted to eligible nationals of a certain country (or persons without nationality who last habitually lived in that country) designated by the Secretary of Homeland Security because that country has experienced temporary negative conditions, such as armed conflict or an environmental disaster, that prevent nationals of the country from returning safely or for the country to handle their return adequately. TPS beneficiaries are allowed to remain in the United States and can legally work for a set time period.
I am a Haitian national; currently I cannot return to Haiti due to the earthquake and would like to apply for TPS. Am I eligible to apply for TPS?
To qualify, you must (1) be a national of Haiti, or a person without nationality who last habitually resided in Haiti; (2) have come to the U.S. on or before January 12, 2011. If you satisfy these two requirements, you most likely are ligible for TPS. To find out for sure, contact one of our attorneys.
Will I receive authorization to work?
Yes, if your TPS Application is granted.
I am from Haiti, but I am here illegally - my visa already expired or I crossed the border illegally. Am I still eligible for TPS?
Yes! Even if your visa already expired or you crossed the border illegally, that doesn't preclude you from being eligible for Temporary Protection Status.
What is the filing fee to apply for TPS?
The fee for the initial TPS Application is $50.
There is no application fee to extend.
If you are older than 14, an additional $85 biometric fee is required.
If you are between 14 and 65, you will also have to pay $380 for your Employment Authorization Application.
What type of basic supporting documentation must I submit?
To prove that you are a national of Haiti, you can submit either a copy of your Haitian passport or a copy of your birth certificate, showing that you were born in Haiti. In addition, you must submit two color passport-style photographs of yourself. If you don't have a passport or a copy of your birth certificate, talk to one of our lawyers. You will also need to prove continuous residence in the United States since January 12, 2011.
Can I use TPS as a basis for obtaining permanent resident status?
No. TPS is a temporary benefit that does not lead to lawful permanent resident status by itself or confer any other immigration status.
May I apply for another immigration benefit while registered for TPS?
Yes. Registration for TPS does not prevent you from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.
How does an application for TPS affect my application for asylum or other immigration benefits?
An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa.
Can I obtain a travel document to travel outside the U.S. and return?
If you are granted TPS, you may apply for advance parole by filing Form I-131, Application for Travel Document. If approved, you.ll be given an advance parole document. An advance parole document allows you to depart the U.S. and re-enter as long as the advance parole document remains valid. But, if you have entered United States illegally or your visa expired, you might have problems coming back in! Any violation of immigration law can affect your eligibility to reenter the U.S. Many criminal convictions can also result in you not being let back in. If you plan to travel while on TPS, talk to one of our attorneys.
What might make me ineligible for TPS?
A person who has been convicted of any felony, or two or more misdemeanors committed in the United States is not eligible for TPS. A person subject to several other criminal and security-related bars to asylum is also ineligible. This would include participating in the persecution of another individual or engaging in or inciting terrorist activity.
I already have TPS. Can I extend it?
Yes, you can. The extension will be good for an additional 18 months. If you need help filing for an extension or for more information, contact us.
Where can I receive additional information?
Email us, fill out an information form on the right (scroll to the top of the page) or call us: (718) 554-3630. It's a free consultation.
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