January 22, 2010
Department of Homeland Security Designates Haiti for Temporary
In response to last
week’s devastating earthquake, Department of Homeland Security Secretary
Janet Napolitano designated Haiti for Temporary Protected Status (TPS)
on January 15, 2010. Haiti
will hold this status between January 21, 2010 and July 22, 2011. Secretary Napolitano commented, "This is a disaster of historic
proportions and this designation will allow eligible Haitian nationals
in the United States to continue living and working in our country over
the next 18 months."
Individuals will have a
180-day registration period, through July 20, 2010, in order to apply
for TPS. Applicants must
file both Form I-821, Application for Temporary Protected Status and
Form I-765, Application for Employment Authorization. They must provide proof of their Haitian nationality through a
Haitian passport, birth certificate, or secondary evidence. Additionally, applicants must demonstrate that they have resided
in the U.S. continuously since January 12, 2010. Nationals of Haiti who entered the U.S. after January 12 are not
eligible to apply for TPS.
TPS alone cannot serve as a basis for legal permanent resident status, but it does not restrict
individuals from applying for nonimmigrant status or seeking lawful
permanent residence based on an immigrant petition.
Applicants who are approved for
TPS will also be eligible to apply for advance parole for use in
traveling outside of the United States.
on Temporary Protected Status for Haiti and Secretary Napolitano’s full
statement can be found at: