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An Overview of Temporary Protected Status or TPS Haiti

Immigration Attorney Atlanta Jameel Manji author 1Author: Jameel Manji, Founder, Manji Law, P.C.

Mr. Manji founded Manji Law in 2016 to follow his passion of helping people navigate the complicated immigration system. Mr. Manji graduated from Georgia State University College of Law and received Master of Taxation from the Georgia State’s J. Mack Robinson College of Business. Published on: June 7, 2021, Last Updated on: January 26, 2024.

As a Haitian residing in the U.S., you may be eligible for Temporary Protected Status or TPS Haiti. Learn more about your immigration options here.

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The Basics of Temporary Protected Status Haiti

Haiti is currently one of several nations whose citizens are offered protection from deportation in the United States. Getting Temporary Protected Status (TPS) for noncitizens who have immigrated to the U.S. from Haiti is not necessarily easy. Still, it can be done if you meet specific criteria and complete the proper paperwork on time. Working with an experienced immigration lawyer who is aware of all relevant regulations and any changes in the law will also make the process easier. 

TPS was created by Congress in 1990 as a section of the Immigration Act, and it is arguably one of the United States’ most essential immigration programs. Its goal is to provide temporary refuge for people facing challenging conditions in their home countries.

When Is This Status Granted?

TPS permits the United States Secretary of Homeland Security to grant immigrants temporary lawful immigration status, including the ability to work in the U.S. 

Situations in which this status may be granted include: 

  • Ongoing armed conflict

  • Environmental disaster

  • Other extraordinary and temporary conditions, potentially including social unrest, epidemics, human rights abuses, crippling poverty, or other situations as determined by the U.S. government

The goal of this status is not to make all Haitians living in the U.S. full citizens of the United States but to temporarily assist them in staying safe, healthy, and financially sound while conditions in Haiti are unstable or highly challenging. It also aids in achieving the U.S.’s abuse protection and humanitarian goals.

The three major things you gain, if your Haiti temporary protected status status is granted are:

  • You can at least temporarily stop all removal and deportation proceedings against you.

  • You receive a valid immigration status that lasts for a specified period.

  • You can work legally in the United States since you are eligible for employment authorization documentation.

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Understanding the Basics about TPS Haiti section

Temporary Protected Status – Help When You Need It

Contact Manji Law to schedule your consultation today. Get answers without breaking the bank.

Going From Haiti TPS to Green Card

Even with Temporary Protected Status, the green card rules for Haitians are the same as those for other noncitizen residents of the United States of America.

Having TPS does not mean you automatically get permanent resident status. You must still become eligible for permanent residence (a.k.a. your green card) and follow the standard application process.

As a Haitian or any other undocumented immigrant to the United States, these are some of the avenues through which you can legalize your status and become a permanent resident:

You can learn more about the green card eligibility categories via USCIS’s resources.

Each method has several requirements, which are unrelated to whether you have TPS. If you want to pursue permanent residency, your best course of action is to speak with an attorney who can help you understand your best path to success and work with you on the instructions for applying. 

Confused by the Basics of Temporary Protected Status for Haiti?

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Going from Haiti TPS to Green Card

Confused by the Basics about TPS Haiti?

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Immigration News TPS Haiti

Very few countries are eligible for TPS status, but Haiti happens to be one of them. At the time of this writing, the following countries are eligible for Temporary Protected Status:

  • Burma (Myanmar)

  • El Salvador

  • Haiti

  • Honduras

  • Nepal

  • Nicaragua

  • Somalia

  • South Sudan

  • Sudan

  • Syria

  • Venezuela, and

  • Yemen

The most recent news on TPS for Haiti was the announcement on December 5, 2022, when Secretary of Homeland Security Alejandro N. Mayorkas extended Haiti’s TPS designation for 18 months, from February 4, 2023, through August 3, 2024. This extension also included a redesignation of the country for TPS. The re-registration period for Haitian nationals under this TPS designation is currently open and runs through August 3, 2024.

This decision allows Haitian nationals (and individuals without nationality who last resided in Haiti) who have been continuously residing in the United States since November 6, 2022, and constantly physically present in the U.S. since February 4, 2023, to file initial applications for TPS. It is crucial to note that the TPS only applies to Haitian nationals already residing in the U.S. as of these specific dates and does not include those who plan to come to the U.S. later on.

Moreover, current beneficiaries under the 2011 TPS designation for Haiti who are covered by the Ramos injunction and would like an Employment Authorization Document (EAD) with the extended validity date of June 30, 2024, must file Form I-765, Application for Employment Authorization. Those granted TPS for the first time under the new Haiti TPS designation in 2021 will retain TPS under their USCIS approval notices.

The Federal Register Notices provide further instructions on how to apply for TPS under this new designation and extension. This information is critical for ensuring that eligible Haitian nationals can take the necessary steps to apply for or maintain their TPS status.

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Immigration News TPS Haiti

Here to Help with TPS Haiti

Contact Manji Law today and get answers quickly about Temporary Protected Status.

USCIS Haiti TPS: Understanding the Requirements

The U.S. Citizenship and Immigration Services, or USCIS, manages issues related to immigration, deportation, green card issues, and everything that deals with transitioning to the United States.

According to the USCIS, these are the general requirements to qualify for TPS:

  • You must not be labeled irresponsible or seen as admissible due to prior convictions of serious crimes, participating in terrorism, etc.
  • You must be from a country eligible for TPS (in this case, Haiti), or that country must be the last place you resided.
  • You must have resided in the U.S. consistently since the date specified for your country’s TPS.
  • You must have been physically present in the United States most of the time, pending your country’s most recent designation date.

Applying for TPS or any immigration status is sensitive. Going through USCIS processes and navigating the USCIS office may be easiest with an immigration expert to walk you through it all step by step.

 

How Does TPS Renewal for Haiti Work?

 

As a non-American citizen with Temporary Protected Status, the government determines the length of your status. TPS can be set for 6, 12, or 18-month periods, and the Secretary of Homeland Security decides whether it will be renewed after that period. They must make and announce that decision at least 60 days before the end of the TPS period to give people time to plan.

If your TPS designation expires, you automatically return to your prior immigrant designation status. This means that you could lose your right to legally live in the United States and lose your work authorization.

Since this has huge consequences for recipients of TPS, it is important to stay up to date on the related news. Proactively working with an attorney can help ensure you know of any upcoming changes. Your immigration attorney can also help you make a plan and take steps to prepare for when your country’s TPS designation changes.

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USCIS Haiti TPS Understanding the Requirements

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Haiti TPS Extension

Luckily for Haitians, the Department of Homeland Security (DHS) set the Haitian TPS designation for 18 months. This announcement was made in November 2022 and allowed for an extension of the TPS designation until August 3, 2024. If you are a Haitian national or have last resided in Haiti, your status under this TPS designation will be extended through August 3, 2024.

Haiti’s TPS designation had been altered many times over the years until, at one point, the DHS announced its termination. However, court mandates ensured that TPS continued for approved Haitian nationals residing in the U.S.

DHS Secretary Alejandro Mayorkas decided to extend Haiti’s TPS because of the challenging circumstances throughout the country, like lack of essential resources, crippling poverty, security concerns, social unrest, and others.

It is important to note that the registration period for Haiti’s TPS only lasts 180 days, so time is of the essence when applying.

 

Important USCIS Forms: TPS Haiti

 

Paperwork and forms are given when dealing with any legal matter, especially immigration matters. To file an initial TPS application or register, you must file Form I-821, Application for Temporary Protected Status. Legal guidance may come in handy for this process.

In addition to Form I-821, other forms may be required to extend your status, terminate removal proceedings, or pursue permanent residency (if those situations apply to you). 

If you or your loved ones need professional legal assistance to handle your case and guide you through the TPS process, contact Manji Law today or book an online consultation. In addition to providing you with personalized, top-notch service, our team is experienced with what it takes to obtain TPS.

Temporary Protected Status for Haiti Help

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Haiti TPS Extension

TPS Haiti Help

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