Undocumented Haitians in the United States can now apply for Temporary Protected Status (TPS). Please see our Haiti - Temporary Protected Status (TPS) page for more information.
Our law firm is helping Haitians around the United States file for TPS. If you have any questions about your eligibility for TPS or would like to apply for TPS, please call us at 1-800-385-7105 or complete this form and we will contact you.
Temporary Protected Status (TPS) is a blanket, temporary status that the United States government grants to persons already in the United States that are from countries the United States has determined are unsafe for them to return to.
A country may be designated for TPS if:
When the United States designates a country for TPS status, it will also designate a time period in which persons from that country must register for TPS benefits and a termination date—the date when TPS designation for the country will end. The United States may choose to extend a country’s TPS designation beyond the initial period if it determines it is still unsafe for persons to return to the country.
To establish your eligibility for TPS, you must:
If you are stateless and cannot meet the second requirement, you may provide proof that you habitually resided in a TPS-designated country.
To register for TPS, you must file Form I-821, Application for Temporary Protected Status and Form I-765, Application for Employment Authorization.
If you are granted TPS, and TPS designation for your country is extended beyond the initial period, you must re-register for TPS. To re-register, you must again complete and file Form 821, Application for Temporary Protected Status and Form I-765, Application for Employment Authorization.
If you have been granted TPS, you are eligible to apply for other immigration benefits for which you qualify. For example, you may apply for asylum even if you have been granted TPS. Also, if your asylum application has been denied, you may still be eligible for TPS.
Also, if you are granted TPS, you may travel abroad with permission. This means you will have to complete and file Form I-131, Application for Travel Document.
TPS does not lead to permanent resident status or citizenship. When the United States terminates its TPS designation for a country, the status of TPS beneficiaries returns to the status they had before being granted TPS, or any other status they acquired while being registered for TPS. This means that if you did not obtain any other lawful status during the period of TPS designation for your country, you will return to unlawful status upon termination of your country’s TPS designation.
USCIS Responds to Haiti Earthquake
USCIS - Temporary Protected Status
USCIS - Application for Temporary Protected Status
USCIS - Tips for Filing Form I-821, Application for TPS (PDF)
USCIS - Direktiv sou Aplikasyon Fòmilè I-821, Aplikasyon pou Estati Tanporè Pwoteje (PDF)
Immigration and Nationality Act: Section 244 - Temporary Protected Status (scroll down to Act 244 for TPS statutes)
8 CFR 244 - Temporary Protected Status for Nationals of Designated States
USCIS - TPS Designated Country: El Salvador
USCIS - TPS Designated Country: Haiti
USCIS - TPS Designated Country: Honduras
USCIS - TPS Designated Country: Nicaragua
USCIS - TPS Designated Country: Somalia
USCIS - Deferred Enforced Departure (DED)
USCIS - DED Granted Country: Liberia
CRS Report - Temporary Protected Status - Jan. 27, 2006 (PDF)
Quake Prompts Respite for Haitians Illegally in U.S. - Weekend Edition - Jan. 16, 2010 (link to audio)
Haitians in U.S. can apply for protected status - CNN - Jan. 15. 2010
South Florida Haitians Want Protected Status - Tell Me More - Oct. 27, 2009 (link to audio)
U.S. extends protected status for Somali nationals - Minnesota Public Radio - July 28, 2009
Haitians worthy of temporary protected status - San Fransisco Chronicle Editorial - April 20, 2009
Liberians in New York 'Jubilant' at Expulsion Reprieve - New York Times - March 21, 2009
Liberians facing mass deportation from U.S. - CNN - Feb. 9, 2009
Temporary Immigrants Granted In-State Tuition - Washington Post - Aug. 26, 2007
Liberia Unable to Absorb Thousands of Returnees - Morning Edition - Aug. 23, 2007 (link to audio)
U.S. decides 312,000 immigrants can stay for now - Boston Globe - May 5, 2007
Central Americans get more time in U.S. - Associated Press - May 2, 2007
Thousands of Liberians in U.S. Face Deportation - All Things Considered - Nov. 28, 2006 (link to audio)
U.S. Is Ending Haven for Those Fleeing a Volcano - New York Times - Aug. 9, 2004
U.S. Letting Liberians Stay - New York Times - Sept. 29, 2000
U.S. Stops Deportations to Nations Hurricanes Hit - New York Times - Dec. 31, 1998
Salvadorans May Lose Status as Refugees - New York Times - Nov. 26, 1994
For Some in U.S., Peace in El Salvador Brings Fear - New York Times - March 11, 1992