On December 5, 2022, the United States Department of Homeland Security announced that it has extended and re-designated TPS for Haiti for a period of eighteen (18) months, through August 3, 2024.
What does being designated for TPS mean?
As discussed in prior blog entries, Temporary Protected Status or TPS, refers to a humanitarian immigration benefit designed to protect foreign nationals from deportation when the conditions in a designated country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.
Because TPS is being re-designated, Haitian nationals who were present in the United States during the initial designation for TPS, but who failed to register, will have another opportunity top register for TPS benefits.
Why was TPS re-designated/extended for Haiti?
The Department of Homeland Security’s re-designation and extension of TPS for Haiti was based on “consultation with interagency partners and careful consideration of the extraordinary and temporary conditions in Haiti, including a prolonged political crisis; grave insecurity and gang crime that worsened a dire economic situation; a lack of access to food, water, fuel and health care during a resurgence of cholera; and the recent catastrophic earthquakes.”
What are the benefits of TPS?
TPS holders are entitled to the following benefits:
TPS holders are not removable from the United States (even if they previously have been ordered removed);
TPS holders can obtain an Employment Authorization Document (EAD), also known as a work permit, which authorizes them to work in the United States;
TPS holders are eligible to receive advance parole, authorizing them to travel abroad and return to the United States without risking losing their TPS.
Eligibility of Haitian Nationals
Individuals eligible for TPS under this designation must have continuously resided in the United States since November 6, 2022. Individuals who attempt to travel to the United States after November 6, 2022 will not be eligible for TPS.
You can read more about TPS, including eligibility for TPS, benefits of TPS, and countries currently designated for TPS, here.
Can Eligible Haitians Register Now?
At present, individuals who may qualify for TPS can register under the prior registration window, which is from August 3, 2021 through February 3, 2023.
The re-registration period extending the registration window through August 3, 2024 has yet to be published in the Federal Register. Once published, the Federal Register will set forth the applicable registration for TPS as well as the instructions for applying for TPS and an Employment Authorization Document (EAD).
At The Law Office of George K. Gomez, our immigration lawyers can help you learn more about TPS, the benefits of such a designation, and whether you qualify for this benefit.
A TPS Immigration Lawyer With the Experience You Need. Contact The Law Office of George K. Gomez Today!
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