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Temporary Protected Status Designated Country: Haiti
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 (“Order” or “injunction”). On Oct. 31, 2018, DHS published a Federal Register Notice (FRN) announcing that the TPS designation for Haiti currently remains in effect.
Beneficiaries of TPS Haiti who have been approved for re-registration currently have Employment Authorization Document (EADs), Forms I-94, Arrival/Departure Record, and Forms I-797, Notice of Action, collectively TPS-related documentation, that will remain in effect more than six months, through July 22, 2019. Eligible beneficiaries with pending re-registration applications, if approved, will also receive TPS-related documentation through that same validity date. (Note: In addition, an existing automatic extension of certain EADs for beneficiaries of TPS Haiti with pending re-registration applications continues through Jan. 17, 2019, see below).
Should the court’s order remain in effect beyond the six month period specified in the Oct. 31, 2018, FRN, DHS will issue a subsequent FRN approximately 30 days before April 2, 2019, that will automatically extend the appropriate TPS-related documentation for beneficiaries of TPS Haiti for an additional nine months from April 2, 2019, through Jan. 2, 2020. Beneficiaries of TPS Haiti who re-registered for TPS during the last registration period, which ran from Jan. 18, 2018 to March 19, 2018, do not need to submit any new filings at this time. 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)(C) (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 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.
If a superseding final, non-appealable court order and implementing Federal Register notice, if one is warranted, should permit the termination of the TPS designation for Haiti to go into effect, DHS may terminate relevant TPS-related documentation before the end validity date announced in any current or subsequent Federal Register notice that is in effect at the time. Any such terminations of TPS-related documentation for affected TPS beneficiaries will go into effect only 120 days after the effective date of the Court order that permits the implementation of the termination of TPS for Haiti, or on the Secretary’s previously-announced effective date for the termination of TPS Haiti (July 22, 2019), whichever is later.
For additional information, please reference the FRN.
USCIS has previously automatically extended the validity of certain employment authorization documents (EADs) issued under TPS Haiti through Jan. 17, 2019. Please see the Automatic Employment Authorization Document (EAD) Extension section below for more information.
| 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: |
Jan. 18, 2018 – March 19, 2018 (Note: If individual demonstrates “good cause” for filing late, USCIS will adjudicate re-registration application.) |
| Employment Authorization Document (EAD) Auto-Extended Through: | Jan. 17, 2019 |
| 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 54764 |
When to File for TPS
In order for you to maintain TPS status, you must re-register during the 60-day re-registration period that runs from Jan. 18, 2018, through March 19, 2018. We encourage you to register as soon as possible within the 60 day re-registration period.
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 For non-US Postal Service deliveries: |
The State of New York |
USCIS For non-US Postal Service deliveries: |
All other states |
USCIS For non-US Postal Service deliveries: |
Automatic Employment Authorization Document (EAD) Extension
USCIS automatically extended the validity of certain employment authorization documents (EADs) issued under TPS Haiti through Jan. 17, 2019. If you are a TPS beneficiary under the Haiti designation with an EAD based on your TPS, your EAD may now be valid through Jan. 17, 2019, if your EAD includes a category code of A12 or C19, you have not received your new EAD, and:
- Your EAD expired on Jan.22, 2018, and you applied for a new EAD during the last re-registration period; or
- Your EAD expired on July 22, 2017, and you applied for a new EAD on or after May 24, 2017.
You may continue to use your current EAD as evidence of your work authorization through Jan. 17, 2019. Because you have a pending EAD application, USCIS mailed you an individual Notice of Continued Evidence of Work Authorization that provides additional evidence of this automatic extension of your EAD through Jan. 17, 2019, to show to your employer. If you did not receive the Notice of Continued Evidence of Work Authorization within a week of July 22, 2018, please contact USCIS at 202-272-8377 or the USCIS Contact Center number. Until you receive your Notice of Continued Evidence of Work Authorization, you may provide your employer with your current EAD and this notice until Jan. 17, 2019.
If USCIS approves your TPS re-registration application and you applied for a new EAD, you will receive a new EAD with the expiration date of July 22, 2019.
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.
