Haiti : Temporary Protected Status and Other Relief Posted 22.Jan.2010 ©MurthyDotCom The United States has extended temporary protected status (TPS) to Haitians who cannot return to their country due to the January 12, 2010 earthquake. The U.S. Citizenship and Immigration Services (USCIS) is also accommodating certain late requests for change or extension of status filed by Haitians who cannot return to their home country at this time. Detailed information on the possible forms of relief and the procedures for requesting relief can be found on the USCIS WebSite. [Readers of the MurthyBlog learned of this TPS for Haitians on Jan 19, 2010, in Temporary Protected Status (TPS) Granted to Haitians in the United States.] ©MurthyDotCom Temporary Protected Status ©MurthyDotCom Haiti has been designated for TPS by the U.S. Department of Homeland Security (DHS) for an eighteen-month period. This relief is available for Haitian nationals (and certain others who habitually reside in Haiti) who were present in the United States on January 12, 2010. There is a 180-day timeframe for individuals to request TPS. It is necessary to file the required applications in order to obtain the status. Instructions and forms are available on the USCIS WebSite. The DHS could extend this initial grant, if it remains unsafe for Haitians to return to their country at the end of the eighteen-month period. Individuals who obtain TPS need to be aware of the expiration and watch the USCIS WebSite for any details regarding whether there will be an extension. ©MurthyDotCom TPS is granted to certain countries or areas when there is armed conflict, natural disaster, or other extraordinary and temporary conditions. It does not allow new people to enter the United States; it temporarily provides protection to individuals who were in the U.S. at the time of the designation. TPS allows such individuals to remain in the United States and grants employment authorization. It does not provide other immigration benefits. ©MurthyDotCom Other Relief to Change / Extend Status ©MurthyDotCom As set out on the USCIS WebSite, it may be possible for some Haitians in the United States to request a change or extension of their nonimmigrant statuses. This may be possible even if the nonimmigrant status has expired. It should be noted, however, that many nonimmigrant statuses do not permit employment. ©MurthyDotCom Expedited Treatment ©MurthyDotCom The USCIS will expedite processing for certain benefits applications filed by or on behalf of Haitian nationals. The processing of family petitions for relatives in Haiti (Form I-130) will be expedited, if there is an immediately available visa number. That is, the I-130 will be expedited if the priority date is current and the family member/s would be able to immigrate to the United States based upon the I-130 filing. The USCIS will also expedite pending advance parole applications for Haitians in the United States who may need to travel urgently. ©MurthyDotCom Conclusion ©MurthyDotCom The earthquake on January 12, 2010 created urgent humanitarian needs in Haiti. This has been compounded by a second earthquake on January 20, 2010. Historically, the United States has responded to such disasters with humanitarian relief. The immigration relief of TPS is granted in limited circumstances and is currently only available to a very few countries. Copyright © 2010, MURTHY LAW FIRM. All Rights Reserved
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