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In the wake of the devastating earthquake in Haiti, the Department of
Homeland Security has declared that Temporary Protected Status (TPS)
will be made available to qualifying citizens of Haiti who have been
residing in the U.S. since January 12, 2010.
TPS is a form of temporary relief granted to aliens residing illegally
in the U.S. who are citizens of countries adversely affected by armed
conflict, natural disaster, or other extraordinary circumstances.
Individuals granted TPS are eligible to obtain an Employment
Authorization Document (EAD) and will not be subject to deportation or
removal from the U.S. for the duration of the grant of TPS.
TPS is granted initially for an eighteen month period. It does not
lead to permanent resident status. TPS may be extended at the end of
the eighteen month period if the government determines that conditions
in the country of designation warrant it. If not extended, TPS status
will terminate and Employment Authorization will end.
In order to qualify, the applicant must establish the following:
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that he is a citizen of Haiti,
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that he has been residing continuously in the U.S. since January 12,
2010,
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that he has been physically present in the U.S. since the date the
official designation appears in the Federal Register (we expect the
notice to be published in the coming days),
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that he is not inadmissible to the U.S. as a criminal, terrorist, or
based on certain other grounds of inadmissibility,
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that he completes and files a proper application, including payment of
government filing fees ($50 plus $340 for the EAD, unless he qualifies
for a "fee waiver.")
Individuals who apply for, or are granted TPS may continue to apply
for any other immigration benefits they may be entitled to. The
approval of TPS status does not, however, "cure" all prior immigration
problems. For example, a Haitian citizen who entered the U.S. without
inspection, will still be ineligible to adjust status in the U.S.
Other Humanitarian Relief for Haitians
The U.S. government has committed to expediting, where possible, the processing of immigration applications and petitions in those cases where approval will enable families to reunite in the U.S. as soon as possible.
All citizens of Haiti who might wish to apply for TPS, or have pending cases which may be eligible for expedited processing, are encouraged to seek legal advice in order to fully understand the pros and cons of these unique opportunities.
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