Temporary Protected Status Designated Country: Haiti

ALERT: On April 11, 2019, in Saget v. Trump, No. 18-cv-01599 (E.D.N.Y.), the U.S. District Court for the Eastern District of New York also enjoined the termination of TPS for Haiti, pending a final decision on the merits of the case. The preliminary injunction in Ramos v. Nielsen remains in effect as well.  Thus, as required by the orders in Saget and Ramos, the TPS designation for Haiti remains in effect pending further court order.  Beneficiaries under the TPS designation for Haiti will maintain their status, but they must continue to meet all the individual requirements for TPS eligibility found in INA section 244(c) and 8 CFR 244, as well as in the instructions for Form I-821, Application for Temporary Protected Status. These requirements are also described on the USCIS TPS web page and on the Haiti TPS web page.


ALERT: On Oct. 3, 2018, in Ramos, et al. v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (PDF, 458 KB), the U.S. District Court for the Northern District of California enjoined DHS from implementing and enforcing the decisions to terminate Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, and El Salvador, pending further resolution of the case. 

For additional information, please see the March. 1, 2018, Federal Register Notice, specific TPS country pages available on the USCIS website, and the Update on Ramos v. Nielsen page on the USCIS website.

TPS Continues Through: As long as preliminary injunction ordered by Court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect.
Re-registration Period for People Who Already Have TPS:

Current beneficiaries under the TPS designation for Haiti do not need to re-register to maintain TPS at this time, provided that they properly re-registered for TPS during the most recent registration periods for this country, which are listed below.  Additionally, current beneficiaries who properly re-registered during the following re-registration periods do not need to submit new biometrics, unless USCIS specifically sends them a notice informing them to attend a biometrics collection appointment.

Jan. 18, 2018 through March 19, 2018

May 24, 2017 through July 24, 2017

Aug. 25, 2015 through Oct. 26, 2015

Employment Authorization Document (EAD) Auto-Extended Through: Jan. 2, 2020
Continuous Residence Date in U.S. Since:

Jan. 12, 2011

Continuous Physical Presence in U.S. Since:

July 23, 2011

TPS Designation Date:

Jan. 21, 2010

TPS Re-designation Date:

July 23, 2011

Federal Register Notice Citations:

83 FR 2648

83 FR 54764

84 FR 7103

When to File for TPS

To maintain TPS, you must have either filed to re-register during the 60-day re-registration period that ran from Jan. 18, 2018 through March 19, 2018, May 24, 2017 through July 24, 2017, or Aug. 25, 2015 through Oct. 26, 2015, and been approved, or have an application that remains pending. If you did not re-register during this timeframe, you may submit a late re-registration application, including a letter that explains your reason(s) for filing late with your application. USCIS will determine whether your reasons are “good cause” for being late, as required under the TPS law.

Where to File

If you are filing for a replacement EAD for already granted TPS or for re-registration of TPS, send your TPS package to the appropriate address below:

If you live in:

Mail your application to:

The State of Florida

USCIS
P.O. Box 4464
Chicago, IL 60680-4464

For non-US Postal Service deliveries:
USCIS
Attn: Haiti TPS
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

The State of New York

USCIS
P.O. Box 660167
Dallas, TX 75266-0167

For non-US Postal Service deliveries:
USCIS
Attn: Haiti TPS
2501 S. State Hwy. 121
Business, Suite 400
Lewisville, TX 75067

All other states

USCIS
P.O. Box 24047
Phoenix, AZ 85074-4047

For non-US Postal Service deliveries:
USCIS
Attn: Haiti TPS
1820 E. Skyharbor Circle S
Suite 100, Phoenix, AZ 85034

Automatic Employment Authorization Document (EAD) Extension

USCIS is automatically extending through Jan. 2, 2020, the validity of EADs with the category codes “A-12” or “C-19” and one of the expiration dates shown below that we issued under the TPS designation of Haiti to individuals who continue to maintain TPS eligibility:

07/22/2017

01/22/2018

07/22/2019

TPS Haiti beneficiaries who applied for a new EAD but have not yet received their new EADs are also covered by this automatic extension, provided that the EAD contains one of the expiration dates noted in the chart above. Such individuals may show their EAD and the Federal Register Notice to employers to demonstrate that their EAD and employment authorization have been extended through Jan. 2, 2020. 

Additionally, USCIS is automatically extending through Jan. 2, 2020, the validity periods of the following Forms I-94, Arrival and Departure Records, and Forms I-797, Notice of Action (Approval Notice), previously issued to eligible beneficiaries granted TPS under the designation of Haiti:

 

Country

Beginning date of validity: 

End date of validity:

 

Haiti

July 23, 2017

Jan. 22, 2018

Jan. 23, 2018

July 22, 2019

 

However, the extension of the validity periods above applies only if the eligible TPS beneficiary properly filed for TPS re-registration during the most recent DHS-announced registration period for TPS Haiti, or has a re-registration application that remains pending. In addition, the extension does not apply if the TPS of any such individual has been finally withdrawn. The FRN does not extend the validity date of any TPS-related Form I–94 or Form I–797 issued to a TPS beneficiary that contains an end date not on the chart above when the individual has failed to file for TPS re-registration, or when his or her re-registration request has been finally denied.

Current beneficiaries of TPS Haiti do not need to pay a fee or file any application, including Form I-765, Application for Employment Authorization, to maintain their TPS benefits through Jan. 2, 2020, if they have properly re-registered for TPS during the most recent DHS-announced registration period. 

TPS beneficiaries who have failed to re-register properly for TPS during the last registration period should file Form I–821 (, Application for Temporary Protected Status), and demonstrate “good cause” for failing to re-register on time, as required by law.  See INA, section 244(c)(3)() (TPS beneficiary’s failure to register without good cause in form and manner specified by DHS is ground for TPS withdrawal); 8 CFR 244.17(b); and Instructions to Form I–821.  If you are filing a late re-registration application, please provide a letter explaining all of your reasons for filing outside of the re-registration period. If you filed after the re-registration period because of the DHS announcement of the termination of TPS for your country, please explain how that announcement affected you, including how the termination decisions impacted your failure to re-register. However, if the announcement of the TPS termination did not cause you to file late, you should not include it as a reason. Please remember to be truthful in explaining your reasons. 

Any eligible beneficiary under the TPS designation for Haiti who either does not possess an EAD that is automatically extended, or wishes to apply for a new EAD may file Form I–765 with appropriate fee (or fee waiver request).  If approved, USCIS will issue an EAD with a Jan. 2, 2020, expiration date. Similarly, USCIS will issue an EAD with a Jan. 2, 2020, expiration date for those with pending EAD applications that are ultimately approved.

Other Immigration Options

You might be eligible for other immigration options listed on the Explore My Options page.

To apply for a lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.

Note on Seeking Asylum: Being granted and maintaining TPS status until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one year filing deadline. In other words, having TPS status “stops the clock” on the requirement to file for asylum within one year of arriving in the United States, if the one-year clock has not already expired. See 8 CFR 208.4(a)(5)(iv).

Avoid Scams

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website on the finding legal advice web page.

We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. Visit the Avoid Scams page for information and resources.

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