Photo by Bailey Torres on Unsplash

This blog post is an update to our June 2021 blog on TPS for Haitian Citizens. 

The registration process has now officially opened for Haitian nationals who want to apply for (or renew) temporary protected status (TPS). 

Haiti originally received a TPS designation in 2010 after the devastating 7.0 magnitude earthquake that occurred there, but after being extended a few times, the Trump administration attempted to end it in 2019. After multiple lawsuits though, current Secretary of Homeland Security Alejandro Mayorkas announced in May 2021 a new TPS designation for Haiti, and now Secretary Mayorkas has announced a modification to the TPS designation. 

Previously TPS designation only applied to those Haitian nationals who were already living in the United States as of May 21, 2021. As of DHS's most recent announcement, TPS will apply to Haitian nationals who have continuously resided in the United States since July 29, 2021. This date change is due to the political and national unrest in Haiti since the assasination of Haiti's President Jovenel Moïse that occurred on July 7, 2021.

A Federal Register Notice regarding Haiti's TPS, published on August 3, 2021, is now up for public inspection. The TPS registration period will last for 18 months, from August 3, 2021, through February 3, 2023. However, if you are planning on applying for TPS as a Haitian national, we recommend that you apply as soon as possible, as USCIS will likely be receiving thousands of applications. 

It is estimated that at least 155,000 Haitians will benefit from the decision to extend Haiti's TPS designation. 

TPS designation gives nationals of eligible countries the temporary benefit of protected status in the United States, meaning that recipients:

• Are not removable from the United States;
• Can obtain an employment authorization document (EAD); and
• May be granted travel authorization.

Although being a TPS beneficiary does not lead to permanent resident status (unless adjustment of status is granted on an immigration petition), TPS recipients cannot be detained by the Department of Homeland Security on the basis of their immigration status in the United States.

As a reminder, even if you already have a TPS classification as a Haitian national, you will need to reapply for this present designation. This is to make sure that you do not lose TPS or experience a gap in coverage. 

If you would like to talk with one of our attorneys about applying for TPS status please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.