info- By Patricia Conkright, Immigration Attorney

Last week, we at Yu, South & Associates, PLLC, reported to you certain proposals and requests by US politicians to the US Department of Homeland Security (DHS) to grant a special immigration relief known as “Temporary Protective Status” (TPS) to all Haitian nationals who were currently in the United States but were not able to return due to the devastation caused by the disastrous earthquake in Haiti. We are now pleased to update you on the latest development about this TPS movement effort:

On Friday, January 15, 2010, the US Department of Homeland Security Secretary, Janet Napolitano, designated Temporary Protected Status (“TPS”) for eligible nationals of Haiti and other individuals without nationality who last habitually resided in Haiti.

Eligible individuals will be able to begin applying for TPS and temporary work authorization as soon as the notice of designation of TPS for Haiti is published in the Federal Register Notice Publication. The Federal Register Notice Publication is expected to be published as early as Thursday, January 21, 2010.

The TPS registration period will run for 180 days from the date of the publication, and TPS eligibility will be for 18 months. Along with the requisite USCIS Forms (I-821 and I-765) and fees or fee waiver applications, initial eligibility requirements include continuous residence in the US since January 12, 2010 and continuous physical presence in the US since the date of the Federal Register Notice publication. Applicants for TPS status will also be required to meet certain immigrant and TPS admissibility requirements and are subject to standard security checks.

USCIS also reports that temporary relief measures other than TPS have been made available to nationals of Haiti. All nationals of Haiti with current immigration benefits or benefit applications pending with USCIS will be eligible for the following temporary relief measures:

  1. favorable adjudication, where possible, of requests for change or extension of nonimmigrant status;
  2. acceptance of applications for change or extension of nonimmigrant status submitted after the alien’s authorized period of admission has expired;
  3. re-parole of aliens granted parole by USCIS;
  4. extension of certain grants of advance parole, expedited processing of advance parole requests;
  5. favorable and expedited adjudication, where possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students;
  6. expedited processing of immigrant petitions for children of US citizens and lawful permanent residents (LPRs);
  7. issuance of employment authorization where appropriate and assistance to LPRs stranded overseas without documents.

These encouraging developments in the joint disaster relief effort are measures designed to help the nationals from Haiti who were physically present in the US on or before January 12, 2010. Therefore any “new comers” or Haitian nationals who were not physically present in the United States on or before this statutorily prescribed date to establish their eligibility will not be able to benefit from this special relief.

Please note: Along with continued expressions of sympathy for the people of Haiti during this tragic time and promises of continued support of the worldwide relief effort underway, the US Department of Homeland Security, Janet Napolitano, has issued a stern warning for all Haitians thinking of fleeing Haiti for the US after January 12, 2010: “It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.”

If you are a citizen or national of Haiti or your last habitual residence was Haiti and you were physically present in the United States on or before Jan. 12, 2010, you may qualify for this special relief. If you know someone in your family or community who might benefit from this new immigration development, we encourage you to urge them to contact us immediately to discuss their actual eligibility with the immigration lawyers at Yu, South & Associates. If you need any assistance in filing the registration for this TPS benefits or if you have any questions about this article or TPS for Haitians, you can send your questions via email directly to us at: This email address is being protected from spambots. You need JavaScript enabled to view it. and our experienced immigration attorneys will respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

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