On December 5th, the Department of Homeland Security announced the extension of Temporary Protected Status (TPS) for Haiti for an additional 18 months. This extension begins on February 4, 2023, and is effective until August 3, 2024.^[1]

The extension was granted to provide humanitarian relief to Haitian nationals already present in the United States due to the extraordinary and temporary conditions in Haiti. Secretary Mayorkas cited the socioeconomic challenges, political instability, and gang violence and crime as the reason for the extension.

What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is granted to nationals of foreign countries who are in the United States when it is determined that it would be unsafe for those individuals to return to their country. This protected status is granted by the Secretary of Homeland Security when a foreign country has ongoing armed conflict, an environmental disaster has occurred, or other extraordinary and temporary conditions are present.

Who may seek Temporary Protected Status (TPS)?

 Any national of a foreign country designated for TPS or a person without nationality who last habitually resided in the designated country, who has been continually present in the United States since the effective date of the most recent designation; and who has been continuously residing in the United States since the date specified for your country.

How do I apply for Temporary Protected Status (TPS)?

Eligible individuals must apply during open registration periods or re-registration periods. There is an option for late filing, but it requires you to meet additional requirements.

In order to apply for Temporary Protected Status, you will need to complete Form I-821, Application for Temporary Protected Status. Along with this form, you will need to provide evidence of:

• Your Identity and Nationality,
• Date of Entry, and
• Continuous Residence  

What should I do if I am from Haiti and need to register for TPS status?

If you were residing in the United States as of November 6, 2022, you are able to apply for TPS through August 3, 2024. You will need to access the necessary application at the above-provided link and complete the form. You will also need to compile the necessary evidence of your nationality, date of entry, and continuous residence. 

What is the process once I apply?

Once you have completed your application and compiled the necessary evidence and fee, you will submit your application online or to the address designated by the United States Citizenship and Immigration Services. 

Once your application has been submitted the USCIS will conduct an initial review to ensure you have completed the application properly and included the necessary evidence and fee. If these initial criteria are met, you will receive a receipt notice. This notice will contain a receipt number which you will be able to use to check the status of your case.

If your application is rejected after the initial review you will be notified and provided information on why your application was rejected. You are eligible to re-file within the registration period.

The USCIS will conduct a further review of your application and notify you of an appointment date and time for your biometrics to be collected. Your biometrics include your photograph, signature, and/or fingerprints. This information is collected for any applicant over the age of 14 and is collected at an Application Support Center (ASC).

Once you have completed your ASC appointment, the USCIS will determine if you are eligible to work within the United States. They will also adjudicate your application and may ask for additional documentation from you.

Following this process, you will receive an approval notice and an Employment Authorization Document or a denial letter indicating why you were denied.

Do I need an attorney?

The process for obtaining your Temporary Protected Status can be confusing, overwhelming, and time-consuming, but we are here to help. We can help you understand the process, prepare your application and file your application. Contact our office today if you are a Haitian National needing to file for Temporary Protective Status.

^[1] https://www.dhs.gov/news/2022/12/05/secretary-mayorkas-extends-and-redesignates-temporary-protected-status-haiti-18