Applying for Temporary Protected Status (TPS) as a Haitian in New York City
What is TPS and how can eligible Haitians apply?
TPS allows individuals from certain countries to remain in the United States and obtain work authorization if it is unsafe for them to return to their home country due to a humanitarian emergency. Citing growing instability, human rights abuses, lack of resources and other conditions further exacerbated by the Covid-19 pandemic, Secretary of Homeland Security Alejandro Mayorkas announced a new 18-month TPS designation for Haiti. This allows Haitian nationals and individuals without nationality who last resided in Haiti and who are currently residing in the United States as of May 21, 2021 to file initial applications for TPS. Eligible Haitians will be able to apply once the specific duration dates for the designation and instructions for applying for TPS Haiti are published in the upcoming Federal Register notice, which Homeland Security has advised will come shortly. https://www.npr.org/2021/05/24/999678185/biden-administration-extends-temporary-protected-status-for-haitians-in-u-s
https://www.dhs.gov/news/2021/05/22/secretary-mayorkas-designates-haiti-temporary-protected-status-18-months
The Law Office of Robert J. Maher, P.C. is here to help Haitians residing in New York with their TPS applications. Call us today for more information: (212) 939-7548.
Who Is Eligible for TPS?
For a Haitian to be eligible for TPS, the individual must:
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Be a national of Haiti, or a person without nationality who last habitually resided in Haiti
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File during open registration period (dates to be released soon in upcoming publication of the Federal Register notice ) or meet requirements for late initial filing during any extension of Haiti’s TPS Designation (must meet late initial filing conditions as specified by the U.S. Citizenship and Immigration Services)
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Have been continuously present in the United States since May 21, 2021 (exceptions may be considered for brief, casual, and innocent departures from the United States, to be determined on a case by case basis by U.S. Citizen and Immigration Services)
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Not have been convicted of a felony
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Not have been convicted of two or more misdemeanors
(https://www.uscis.gov/humanitarian/temporary-protected-status)
When does TPS expire for Haiti and when can you apply?
Haiti’s 18-month designation will go into effect on the publication date of the Federal Register notice to come shortly. Individuals eligible for TPS under Haiti’s new designation can file an application for TPS with the U.S. Citizenship and Immigration Services within the registration period that will begin upon publication of the Federal Register notice. Updates will be provided as available.
Can a TPS holder apply for a green card?
TPS does not provide a pathway to permanent residency or citizenship. However, a TPS recipient that is eligible for permanent residence can apply for that status. https://fas.org/sgp/crs/homesec/RS20844.pdf
Can TPS holders travel?
If you have TPS and wish to travel outside the United States, you must apply and be approved for travel authorization.
https://www.uscis.gov/humanitarian/temporary-protected-status
What documents are required for the TPS application?
In order to apply for TPS, you will need to prove three things: (1) that you are Haitian, (2) that you were residing in the U.S. on May 21, 2021, and (3) that you have been residing in the U.S. continuously since then. The required documentation is as follows:
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Form 1-821, Application for Temporary Protected Status
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Identity and Nationality Evidence to demonstrate your identity and that you are a national of a country designated for TPS (or that you have no nationality and you last habitually resided in Haiti for TPS):
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A copy of your passport;
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A copy of your birth certificate, accompanied by photo identification
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Date of Entry Evidence to demonstrate when you entered the United States:
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A copy of your passport
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Continuous Residence Evidence: to demonstrate that you have been in the United States since May 21, 2021:
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Employment records;
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Rent receipts, utility bills, receipts or letters from companies;
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School records from the schools that you or your children have attended in the U.S.;
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Hospital or medical records concerning treatment or hospitalization of you or your children; or
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Attestations by church, union or other organization officials who know you and where you have been residing.
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Form I-765, Work Authorization request required if you wish to work
(https://www.uscis.gov/humanitarian/temporary-protected-status)
What are the Filing Fees?
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$50 Form I-821 application fee or completed fee waiver application
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$85 Biometrics Services fee or completed fee waiver application
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$410 Work authorization request, Form I-765, filing fee if you wish to work
(https://www.uscis.gov/i-821)
How an Immigration Attorney can assist with your TPS Application today:
It is important to consider hiring an Immigration lawyer in NYC for TPS as it may impact your ability to successfully obtain protected status and avoid application denial. An immigration attorney helps to ensure you have all the necessary documentation and meet all of the requirements and deadlines to successfully obtain temporary protected status. At the Law Office of Robert J. Maher, P.C., we understand the challenges associated with obtaining temporary protected status and have helped many clients successfully obtain temporary protected status. We’re here to help, contact us today to discuss your case.
Schedule a consultation with the Law Office of Robert J. Maher, P.C. by calling (212) 939-7548.
*Please note this is NOT intended as legal advice and you should speak with your attorney for more information.
