Temporary Protected Status (TPS) is a non-immigrant status which allows non-citizens to live and work in the US. Haiti has been designated on January 21, 2010 for Temporary Protected Status (75 Fed. Reg. 3476-3479)
Haitian nationals who have been continuously physically present in the US since January 12, 2010 and have continuously resided in the US since the aforementioned date, may apply for TPS within the registration period of January 21, 2010/July 20, 2010.
TPS will afford the eligible Haitian national temporary treatment benefit which include:
Temporary stay of deportation
Temporary employment authorization
However, TPS is not lawful permanent residency nor a travel document.
Haitian nationals who have been convicted of a felony or two misdemeanors are not eligible and should not file for TPS. Haitian nationals who have committed a crime of “moral turpitude” should seek legal advice before filing.
Abapec CESA’s Legal Division Has Trained for TPS Filings and Have Volunteered at several events. We will be providing this service in April (DATE, PLACE & TIME will be announced soon!!)
**WARNING**
We have received notification from the New York Immigration Coalition that many organizations and individuals helping with TPS filings are not properly trained or supervised by an immigration attorney. Please do not help or refer individuals to TPS events unless you have verified that they are properly trained and supervised by an immigration attorney at the event. It is essential that trained immigration attorneys or BIA accredited representatives screen all applicants before they leave these clinics to ensure that Haitian nationals do not file a TPS application if they are ineligible and that they do not file a TPS application without a waiver in those cases that need waivers of grounds of inadmissibility. Not only is it important for trained or experienced immigration attorneys or BIA accredited representatives to screen people when they first arrive at the group legal clinics but it is also important that trained or experienced staff screen the applicants’ application packets before they leave the clinic to ensure that the application was completed properly and to double-check that an ineligibility issue did not arise during the application completion stage of the clinic.
In addition, clear guidance should be given about what applicants should expect after TPS filing. If applicants receive a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) from USCIS, and do not respond within the time period specified the USCIS most likely will deny the TPS application. Therefore, it is essential that people who leave group application workshops and who do not currently have legal representation, receive clear guidance on where to go to obtain competent immigration legal services after they apply for TPS (i.e., give them a list of authorized and reputable nonprofit immigration legal service organizations and/or reputable immigration attorneys). Message was provided by: Thomas J. Shea, Esq. , Director of Training & Technical Assistance at The New York Immigration Coalition. For TPS updates please refer to: www.thenyic.org
USCIS “TPS” INFORMATIONAL VIDEO LINK
REFERENCE PAGE FOR LAWS GOVERNING TPS AND TPS PROCEDURE WILL BE PROVIDED SOON
COME BACK FOR MORE!!
http://abapec.org/cesa/divisions/legal-division/tps-services/tps-reference-library
If you have a question that needs immediate attention, please contact our Division Leader, Umberto Jean-Louis, Esq. at: pinomix@msn.com.
