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USCIS Redesignates Haitians for Temporary Protected Status (TPS)

  • By: Ahmad Yakzan
  • Published: May 23, 2021
Haiti Haitians TPS Temporary Protected Status

The Biden Administration has redesignated Haiti and Haitians for Temporary Protected Status. Haitians enjoyed this designation since after the earthquake that hit the country in 2010. The Trump Administration tried to take away that designation (in my view unconstitutionally), and President Biden issued the decision yesterday to redesignate Haitians and protect them from removal from the United States. This is a big win for the Haitian community.

What is in the Temporary Protected States Announcement for Haiti?

Secretary of Homeland Security Mayorkas announced the designation on May 21, 2021. The designation remains for 18 months. Applicants under the program who were physically present in the United States as of May 21, 2021, may apply for the status.

What are the Requirements for Temporary Protected Status for Haitians?

Applicants for Haiti’s Temporary Protected Status program must meet the following criteria:

  • Be a national of the country of designation.
  • Be continuously physically present in the United States on the date of designation, May 21, 2021 or the date of redesignation.
  • Be continuously present in the United States since the date of designation.
  • Applicants must also apply within six months of the date of designation or redesignation for their country.

What are some of the Disqualifying Factors for Temporary Protected Status for Haitians?

Applicants who meet any of these factors do not qualify for Temporary Protected Status for Haitians:

  • Been convicted of a felony or two misdemeanors in the United States.
  • Individuals who are inadmissible into the United States are ineligible for the program.
  • Individuals who are subject to any of the mandatory bars to asylums are ineligible.
  • Applicants who fail to show that they were physically present in the US on the date of designation are also ineligible.
  • Applicants who fail to register during the initial period of designation or during the redesignation periods.
  • Applicants who were previously granted the status but fail to reapply.

How do I apply for Temporary Protected Status (TPS) for Haitians?

Nationals of Haiti and people who last resided in Haiti who wish to register for Temporary Protected Status must submit the following:

  • Form I-821 (Application for Temporary Protected Status).
  • Form I-765 (Application for Employment Authorization), if you wish to apply for work authorization.
  • Form I-601 (Application for a Waiver of Inadmissibility) if applicable.
  • You must also submit evidence of eligibility including proof of citizenship and proof of physical presence in the United States.

I have argued in a previous post that the method used by the Trump Administration to strip Haitians of these protections were unconstitutional. I am glad that the Biden Administration has realized that mistake and corrected it. Please call the American Dream Law Office at 1(888)786-4507 24/7 to schedule a strategy session with Attorney Ahmad Yakzan.

Ahmad Yakzan

Ahmad established the American Dream™ Law Office PLLC with a
goal of helping his clients achieve their American Dream™. Call
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