OBTAINING TPS FOR YOUR HAITIAN CLIENTS

What is TPS?

In response to the destruction caused by the earthquake in Haiti last week, Temporary Protected Status, or TPS is available to eligible Haitian nationals.

TPS will allow eligible Haitian nationals in the United States to continue living and working in the US for the next 18 months, with the possibility of renewal.

Basic Requirements

Eligible Haitians must have been physically present inside the US prior to 01/12/2010.

Must file for TPS during the open registration or re-registration period. The initial registration period is open for the next 180 days.

Has not been convicted of any felony or two or more misdemeanors in the United States;

Is not a persecutor, or otherwise subject to one of the bars to asylum;

Not subject to one of the criminal or security related grounds of inadmissibility for which a waiver is not available.

Required Forms

Must submit both forms via mail (no electronic filing permitted!)

Form I-821, Application for Temporary Protected Status;

Form I-765, Application for Employment Authorization Document (EAD).

BOTH forms must be completed and filed for ALL applicants – including children.

Filing Fees

Form I-821, Application for Temporary Protected Status: Normal Filing fee is $50.00. OR Submit a Fee Waiver Request.

Form I-765, Application for Employment Authorization Document (EAD): Filing fee is $340.00 if over age 14 and under age 65. Filing fee is automatically waived if under age 14 or

over age 65. OR Submit a Fee Waiver Request.

Biometrics (Fingerprinting): Filing fee is $80.00 if over age 14, or Fee Waiver.

Required Documents

Evidence of Haitian Nationality such as a current OR expired Haitian passport OR Haitian Birth Certificate OR other evidence proving Haitian nationality;

Two U.S. Passport Style Photos; Evidence of physical presence INSIDE the

US on or before 01/12/2010 such as an I-94 card, visa, electricity bill, etc.

Filing Instructions

Mail Form I-821 (TPS) Form I-765 (EAD) and Required Documents TOGETHER to:

If the client lives in Florida: USCIS, PO BOX 4464, Chicago, IL, 60680. OR if mailing via FedEx to USCIS, Attn: Haitian

TPS, 131 South Dearborn, 3rd Floor, Chicago, IL 60603-5520

For Haitians residing in NY forms are filed with Texas Service Center. For Haitians residing in all other states, the forms must be filed in Arizona.

Let’s Get to Work!

DHS estimates there are 100,000-200,000 TPS eligible Haitians living inside the United States.

It is possible that TPS could be extended after the initial 18 months. But to be eligible, one must apply NOW.

The current deadline is 180 days from today.