The Department of Homeland Security (DHS) announced on May 22, 2021 that it had designated the country of Haiti for Temporary Protected Status (TPS). In light of the mounting political upheaval on the Caribbean Island, exacerbated by the murder of former President Jovenel Moïse, DHS has provided a means for Haitians already in the United States to remain here temporarily. What is important to consider?
- The registration period for TPS begins August 3, 2021
More than two months after TPS for Haiti was announced, the Department of Homeland Security published the much-awaited Federal Register notice which provided further detail for filing. Importantly, applicants for TPS Haiti are now permissible after August 3, 2021 and will continue until February 3, 2023.
- It is possible, but not mandatory to obtain a work permit
The law provides a very important benefit for Haitians provided TPS. When you apply for TPS you can take advantage of a work permit with a duration during the temporary protection. However, it is not necessary to obtain a work permit if the same has already been obtained through an asylum application. Also, the fees for a work permit under TPS are the same as a work permit under asylum.
- Proof of continuous residence and physical presence are mandatory
Included in every TPS application must be sufficient evidence that TPS Haiti applicants have continuously resided in the United States since July 29, 2021 and have been physically present in the United States since August 3, 2021. Documentation can include bills, receipts, statements, rental agreements, and other documentation which indicates the date and the applicant’s name. Submission of appropriate and sufficient documentation is crucial to obtaining a TPS approval.
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