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Immigration News Flash

January 22, 2010

Department of Homeland Security Designates Haiti for Temporary Protected Status

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.

Additional information on Temporary Protected Status for Haiti and Secretary Napolitano’s full statement can be found at:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9cf75869c9326210VgnVCM100000082ca60aRCRD&vgnextchannel=9cf75869c9326210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e54e60f64f336210VgnVCM100000082ca60aRCRD&vgnextchannel=e54e60f64f336210VgnVCM100000082ca60aRCRD

http://edocket.access.gpo.gov/2010/2010-1169.htm.