The Department of Homeland Security has extended the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries under the designation of Haiti until August 3, 2025. This decision was made due to the time frames for processing TPS re-registration applications, which USCIS automatically extended through August 3, 2025. The redesignation of Haiti for TPS allows additional Haitian nationals and individuals with no nationality who last habitually resided in Haiti to file initial applications.
Haitians who were not residing in the United States on or before June 3, 2024, are not eligible for TPS protection and will face removal to Haiti if they do not. TPS is not automatic; individuals must apply, pay a filing fee, and pass immigration screening. Current beneficiaries can retain TPS through February 3, 2026, if they continue to meet TPS eligibility requirements.
The extension of TPS for Haiti allows current beneficiaries to retain TPS through February 3, 2026, if they continue to meet TPS eligibility requirements. However, individuals who attempt to travel to the U.S. after July 29, 2021, will not be eligible for TPS and may be subject to expulsion or removal.
TPS is a temporary immigration status that gives some Haitians protection from deportation and the ability to get a work permit. Registration for TPS does not prevent individuals from applying for other visas or travel to another country.
📹 Everything you need to know about Temporary Protected Status (TPS)
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Will TPS be extended for Haiti in 2024?
The Department of Homeland Security (DHS) has extended Haiti’s Temporary Protected Status designation and redesignation for 18 months, starting August 4, 2024, and ending February 3, 2026. The change is part of a larger effort to ensure the safety and security of Haiti’s citizens.
What happens if TPS is not renewed?
TPS expiration means that if you are unable to re-register, you will return to your prior immigration status before obtaining TPS. The Supreme Court decision in Sanchez v. Mayorkas clarified that having TPS does not count as an “inspection” and lawful admission to the U. S., which is required for someone to “adjust status” and get a green card from within the U. S. Instead of having to apply for it abroad.
This means that even if you were granted TPS and a family member or employer wants to sponsor you for a green card, if you entered the U. S. unlawfully, you must travel outside the U. S. and apply at a U. S. consulate or embassy for your green card, creating additional legal hurdles.
This does not mean that all TPS holders cannot adjust status or be issued an immigrant visa if they qualify and are admissible. However, if a TPS holder is granted advance parole, re-entering the U. S. with advance parole will enable a person to get a green card from within the U. S.
Is TPS the same as asylum?
TPS and asylum are two types of temporary protected status (TPS) that differ in their individualized nature. TPS requires an individual to identify their home country and if it is eligible, they may be eligible for TPS. In contrast, asylum requires an individualized analysis of the individual’s circumstances to identify past persecution or credible fear of future persecution if they return to their home country. This persecution must be based on race, religion, nationality, political opinion, or membership in another social group.
Asylum is more difficult to prove than TPS due to the individualized inquiry required. However, asylum offers a path to a green card and cannot be revoked like TPS, which allows countries to be removed from the list of eligible countries on short notice.
Is it safe to travel to Haiti right now?
The security situation in Haiti is characterized by a high degree of instability, with a prevalence of violent criminal activities, including murder, armed robbery, kidnapping, assault, sexual assault, and carjacking. These incidents tend to occur with greater frequency during nighttime hours and in isolated areas, particularly affecting tourists and expatriates.
Do not travel to Haiti in 2024?
The U. S. State Department has issued a Level Four Travel Advisory for Haiti, advising against travel due to the unpredictable and dangerous security situation in the country.
Will TPS renew for Haiti in 2025?
To obtain an EAD valid after Aug. 3, 2025, holders of Haitian Employment Authorization (EAD) must re-register for TPS and file Form I-765, Application for Employment Authorization. USCIS may extend Haiti TPS-based EADs with notation A-12 or C-19 under Category and a Card Expires date of Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; July 22, 2019; Jan. 22, 2018; or July 22, 2017. To prove legal authorization, applicants may show their employer a TPS-related EAD with an expiration date.
What is the latest immigration news on TPS Haiti?
The US government has extended and redesignated the Temporary Protected Status (TPS) for Haitians for 18 months, from August 4, 2024, to February 3, 2026. Haitians with pending TPS applications or I-765s as of July 1, 2024, do not need to reapply; they will be automatically considered for a new designation.
Can you travel if you have TPS?
To travel outside the United States with Temporary Protected Status (TPS), individuals must apply for travel authorization. If approved, they will receive a Form I-512T, Authorization for Travel by a Noncitizen to the United States, as proof of DHS’s prior consent. If a U. S. Customs and Border Protection officer determines eligibility, they will admit the individual into TPS upon their return. If the application is still being adjudicated, the individual must apply for travel authorization or advance parole.
To apply, they must file Form I-131, Application for Travel Document, and select type 1. d in Part 2 Application Type. If filing with Form I-821, send the forms to the address listed for your country. If filing separately, check the Direct Filing Addresses for Form I-131 page.
Can someone with TPS get deported?
TPS (Temporary Protected Status) is a temporary protection from deportation and work authorization granted by the US Department of Homeland Security (DHS) to noncitizens. Eligible individuals must register with USCIS and demonstrate eligibility. If granted TPS, they receive temporary protection from deportation and work authorization in the US. In the past, TPS beneficiaries were eligible for advance parole, which allowed them to travel abroad and return to the US.
However, in July 2022, USCIS discontinued the use of advance parole for TPS recipients and created “Form I-512T, Authorization for Travel by a Noncitizen to the United States”, a TPS-specific travel document. As of June 2024, 16 countries have designated TPS, with the designation not expired. These countries include Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. TPS beneficiaries are not eligible for public assistance.
What is my immigration status if I have TPS?
Temporary Protected Status (TPS) is a temporary immigration status established by Congress in the Immigration Act of 1990 for nationals of designated countries facing ongoing armed conflict, environmental disaster, or extraordinary conditions. It grants work permits and protection from deportation to foreign nationals in the United States at the time of designation. As of March 31, 2024, there were around 863, 880 TPS-eligible individuals in the United States, with 486, 418 initial or renewal applications pending at USCIS.
An estimated 316, 000 people may be eligible for TPS under two redesignations since that date. A country can be designated for TPS for reasons such as ongoing armed conflict, environmental disaster, or extraordinary conditions that prevent its nationals from returning to the state in safety, unless the U. S. government finds it contrary to national interest.
Does TPS lead to green card?
TPS does not offer a separate path to lawful permanent residence or citizenship, but a TPS recipient who is eligible for permanent residence may apply for it. Generally, a person who entered the United States without inspection is not eligible to apply for permanent residence. Six federal appellate circuits have ruled on this issue, with three allowing a person with valid TPS status to adjust status to lawful permanent residence if otherwise eligible through a family-based or employment-based petition.
Three other courts have ruled that a TPS recipient who entered without inspection is not eligible to adjust to permanent residence. In June 2021, the Supreme Court overturned these decisions, stating that a TPS recipient who entered the United States without inspection is not eligible to adjust to permanent residence from within the country.
📹 Eske se sèl Ayiti yon moun TPS ka vizite ak yon dokiman vwayaj?
Hello, thank you for this article. I wanted to know if this has happened to others. Doing the TPS online I get this in the questions: “Countries you traveled to: / What country did you travel to and enter / When were you in this country?”, which is basically if you have been in another country before entering the U.S. When answering “Yes,” I typed the country I entered and then entered the date range. In my case, since it was in transit, I put the same date in both boxes, but it gives an error, it does not allow me to put the same dates in both boxes, which is illogical, because it was in transit it was the same day. Who has it happened to too? What should be placed in this case please? Thanks in advance.
Hi, I’d like to ask you a question. I’m on an F-1 visa and completed my MSc before taking OPT and returning to school for an MBA. I’m curious as to how many OPTs an international student is eligible for. I’ll be finishing up my studies (MBA) in June, and I already have a job lined up. Last month, the corporation received its prevailing wage determination. They are filing under EB 2. I’m curious if I need to return to school in order to avoid becoming illegal while I wait for the company and immigration. Thanks
My daughter and granddaughter arrived in USA from Ukraine on March 11, 2022. On March, 06, 2022, I received approval accepted for family reunited. What is better for my kids to apply for TPS or Family Reunited? Granddaughter accepted in private High school. Need to fill up application for Aid money support. What we should begin with: TPS or Family reunited. Today’s they as B1 B2 visa as visitors. Actually run away from war in Ukraine. What is a better way for them? Or what they could use. I’m retired and worried about medical insurance for them. We are in New York and New Jersey locate. What options is better for them? Please, Thank you for your time and information.
Where would someone live with no money when they arrive? I have a friend from Yemen who really needs help. He can’t go back home . It’s an Islamic country and he is converting to Judaism so he’s considered an Apostate and by Islamic law he can be put to death. He made it to Cairo but he’s still persecuted. Any suggestions? Can he qualify for asylum? He’s got a valid passport and is a hard worker.He is truly desperate. He is willing to go through any background checks. Has worked hard since he was a child. Help! Anyone………..he’s learning English and Hebrew. He needs help.He would never do it ( I hope not) but he has thoughts of suicide because he’s trapped, persecuted, and alone. He is working in Cairo making salads in a restaurant. He pays his own way so far.