Labels: Haiti, TPS

We've got another major TPS announcement. The registration period for TPS Haiti has been extended six additional months, until January 18, 2011. Check our site for more details.

Labels: Haiti, TPS

As we've continued to post updates on the situation in Haiti, our readers have continued to post comments with questions on immigration benefits for Haitians. We received comments focused on five areas in particular, and wanted to post answers for each:

1. I am a Haitian in the U.S. on a temporary work/visit/study (etc.) visa and I don't believe I qualify for TPS. Is there anything I can do to extend my stay?

If you were in the United States on January 12, 2010, regardless of your immigration status on that date, you may be eligible to apply for TPS. More information on TPS eligibility for Haiti can be found on our Temporary Protected Status-Haiti page.

If you currently have a valid nonimmigrant status (student, temporary worker, visit, etc.) and would like to extend your stay, please review the information provided in the "Working in the U.S." or "Visit the U.S." sections of our website. You may also review the instructions on Form I-539, Application to Change/Extend Nonimmigrant Status, and Form I-129, Application for Temporary Worker (the form you would use to extend your nonimmigrant status depends on your current nonimmigrant status).

2. I am not a Haitian and am unhappy that prioritization of Haitian applications will take away resources from my application and slow down the process.

USCIS placed the adjudication of TPS applications in offices that had the experience and capacity to adjudicate these cases without negatively impacting the processing times of other applications and petitions. USCIS has not stopped adjudicating some applications in order to adjudicate applications for TPS. We are adjudicating all applications and petitions that we receive and strive to adjudicate all within our processing time goals.

3. I am a U.S. citizen or green card holder with family in Haiti who have been seriously impacted by the earthquake. Is there anything I can do to bring them to the United States - even temporarily?

If you are a U.S. citizen or a permanent resident, you may petition for certain relatives to come to the United States permanently. Information on petitioning for a relative may be found in the "Family" section of our website.

Relatives may come to the United States temporarily if they are eligible to receive a nonimmigrant visa. Information about visiting the United States temporarily can be found in the "Visit the U.S." section of out site.

4. Why are Haitians who were illegal immigrants in the U.S. reaping all the benefits of TPS as opposed to helping those actually hit hardest by the earthquake?

Temporary Protected Status (TPS) is designed to provide a temporary means to remain in the United States for those who cannot return to their country. TPS should not be viewed as a reward for possibly being in the United States without a valid immigration status, rather it should be viewed as an act of compassion during a time of need.

USCIS has taken steps to also assist those in Haiti who have been impacted by the earthquake. In addition to the work that our staff in Haiti has done and continues to do, USCIS has assisted many orphans in coming to the United States and has been expediting the processing of petitions filed on behalf of relatives in Haiti.

5. How do we finalize an adoption for a child already in the U.S. without a Haitian adoption decree?

We have received this question from several adoptive parents and we are currently working on a plan to address this issue. When a plan has been finalized, we will post this information on our website. Additional information about adoptions from Haiti can be found on our "Questions and Answers: Information for Adoptive Parents of Paroled Haitian Orphans" page.

Labels: Haiti, TPS

Since announcing the designation of Haiti for Temporary Protected Status (TPS), USCIS has received thousands of applications. In reviewing these applications, we've noticed the following problems:

1. Not including the appropriate filing fee. Include the appropriate fee with your application. USCIS has created a chart to help customers know what fees they are required to pay when they file for TPS. It is located on the "Temporary Protected Status - Haiti" page under the "Humanitarian" section of uscis.gov. If you cannot afford to pay the filling fee, you may request a fee waiver. Information on fee waivers can be found on the "Fee Waiver Guidance" page. 
2. Not completing every question on the form. Complete every question on the form. If you skip or do not answer questions on the form, processing may be delayed, or your application may be rejected or denied.
3. Not including your A-number (if you have one). If you have an alien number (A number), it is very important that you include that number on your application. 
4. Not signing the application. Please sign your application. If your application is not signed, we will reject your application and return it. 
5. Using an incorrect form to apply for TPS. Use only forms I-821 and I-765 to apply for TPS. Other forms cannot be used to apply for TPS. If you submit different forms, your case will be rejected or denied. You may obtain these forms for free here. You may also call our forms center at 1-800-870-3676 and have the forms sent to you.

The problems listed above may cause a delay in the processing of your application or may result in your application being rejected and returned to you or denied. Please avoid these problems and follow the tips provided to ensure proper processing of your application.

Labels: Haiti, TPS

We've heard a number of rumors circulating about the help USCIS is providing to those affected by the earthquake in Haiti. Three of the most common rumors are listed below and followed by the facts:

Rumor #1 - People may fly to Haiti to bring back one adult and one child.
The facts: Only those who are otherwise eligible to be admitted in a valid immigration status or have been granted humanitarian parole will be allowed to enter the United States lawfully from Haiti. Anyone traveling to Haiti to bring family to the United States should confirm that their relative falls within one of these categories before making the difficult journey.

Rumor #2 - You can pay someone $5000 (or any amount) to get a visa for your family in Haiti.
The facts: People may seek to take advantage of visa applicants by offering to obtain the visa for $5000 or some other sum of money. No one can guarantee that paying $5000 (or any amount) for their assistance will result in the granting of a visa for a family member in Haiti. To protect yourself from becoming a victim of immigration fraud, please see our "Don't Be a Victim of Immigration Fraud" webpage.

Rumor #3 - USCIS will delay adjudication of any non-Haitian applications and petitions.
The facts: USCIS had taken steps to allocate all available resources to handle the influx of Haiti TPS/earthquake relief-related applications while continuing to process its pre-existing workload. There may be some delays due to the increased workload generated by the Haiti relief efforts, but USCIS is processing applications received from all applicants and petitioners.

Rumor #4 - There is a fee charged to make an InfoPass appointment.
The facts: InfoPass appointments are free. You can schedule your InfoPass appointment online.

Rumor #5 - USCIS charges a fee to download or obtain Temporary Protected Status forms.
The facts: All USCIS forms are available at no charge on our website or by calling the USCIS Forms hotline at (800) 870-3676.

To stay informed, please continue to visit USCIS.gov, where we post information as it becomes available. If you are unsure about anything you may have heard relating to this topic, please leave a comment in our comment section.

Labels: Haiti, TPS

In the wake of the earthquakes that struck Haiti, USCIS has received many questions from prospective parents concerned about Haitian children they are seeking to adopt.

We want everyone to know we are giving these cases our highest priority. To ease the handling of paperwork, USCIS has created a special email inbox to receive scanned documents: haitianadoptions@dhs.gov

Many of you realize that international adoption can be an extremely complex process involving the laws of different jurisdictions. In the case of Haiti, these normal challenges are made far more difficult by an unprecedented environmental disaster.

USCIS employees are working in the United States and in Haiti to unite children with their new families as quickly and safely as is possible.

The Miami District Director sent us the following message detailing her recent work experience:

Just returned home from Miami International Airport. To witness so many Haitian orphans arrive in the United States with absolutely nothing other than the clothes on their backs, terrified but with eyes wide open was nothing short of life-changing. It is a privilege to be a USCIS employee and able to play a role, however small, in helping ease the suffering of these children.

You can find more information about adopting a child from Haiti in our "Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti". Also, those interested in the inter-country adoption process can find more information here. Please continue to check the USCIS website for updates and information.

Update: Describing how one person can make a difference, both Congresswoman Ileana Ros-Lehtinen (see video) and "The Wall Street Journal" recognized the work of USCIS employee Pius Bannis in facilitating adoptions of Haitian orphans.

Labels: Adoption, Haiti

As I write this, I am boarding a plane on my way home from New York City. While there, it was my privilege to join Mayor Michael Bloomberg and Governor David Patterson in announcing the creation of the New York Haitian Earthquake Family Resource Center at the New York National Guard Armory at 1579 Bedford Avenue in Brooklyn.

The center will open its doors on Monday, February 1 and provide a number of services, including:

• Creole-speaking interpretation services
• Assistance with completing Temporary Protected Status applications
• Access to telephones to contact appropriate federal and Haitian officials
• Public use of computers for consulting a broad range of websites, including New York State's Registry of New York Citizens in Haiti;
• Child guardianship and custody services
• Legal assistance
• Mental health services

As all of us work hard everyday to reduce the pain, suffering, and stress caused by the devastation and destruction of the earthquake in Haiti, I want to urge those who are eligible to apply for Temporary Protected Status (TPS) to use the resources available to them in New York and on our website. Also, please be careful not to fall prey to individuals seeking to take advantage of those in need. For example, forms can be downloaded from our website or ordered via telephone at 1-800-870-3676 for free. No one should have to pay anyone else to obtain these forms.

Before heading to the airport, I took the opportunity to discuss the impact of the earthquakes on Haitians and their families in the United States during an interview on Radyo Pa Nou, a Haitian-American radio station headquartered in New York City. I discussed how Haitians can get help with TPS applications and answered questions from the Haitian community. I'm glad I had the opportunity to speak to people affected by this tragedy and I promise that USCIS will continue to do its best to help them.

Alejandro Mayorkas
Director, USCIS

Update: The USCIS website now offers videos on TPS for Haitians in Creole, French and English.

Labels: Haiti, TPS

Our hearts are with you, the people of Haiti. The tragedy you have endured, the losses you have suffered, and the uncertainties you are facing affect us deeply.

The feelings we share with you are defining our actions. Today we launch this blog to provide you with one more way that you can learn about our Temporary Protected Status program. One section of our website, http://www.uscis.gov/, is devoted to the TPS program and the information there can be found in English, French, and Creole. Our personnel are working our toll-free phone lines from 8 a.m. to 11 p.m. The number is 1-800-375-5283. We will continue to do everything we can.

On this blog, please ask us questions, raise issues, and express your concerns. We are here to help you in this time of great need.

Our hearts are with you.

Alejandro Mayorkas
Director

Labels: Director's Posts, Haiti, TPS

The devastating earthquakes in Haiti have made it both dangerous and virtually impossible for most Haitian nationals living in the U.S. to return to their country in the near future. To help protect those who might otherwise be repatriated to a nation struggling to recover, the Secretary of Homeland Security announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010.

TPS provides temporary immigration status for a specific amount of time to people of a particular nation impacted by extreme events such as wars, earthquakes or hurricanes.

For Haiti, the TPS registration period is open January 21, 2010 until July 20, 2010. You can find information and instructions on how to apply on the USCIS website. To qualify, you must:

• Be a national of Haiti, or a person without nationality who last resided in Haiti
• Have continuously resided in the U.S. since January 12, 2010
• Have been continuously present in the U.S. since January 21, 2010 (the date of the Federal Register Notice)
• Meet certain immigrant admissibility requirements, and other TPS eligibility requirements as required by law
• Satisfactorily complete all TPS application procedures as described in the Federal Register notice announcing Haitian TPS
• Have not been convicted of any felony or two or more misdemeanors in the United States
• Not be subject to other criminal and security-related bars to asylum

You can find more information, as well as information in French and Creole on our 'USCIS Responds to Haiti Earthquake' page. There we have gathered the necessary forms, filing tips, an overview of TPS requirements and the registration process, and general information on other potential relief options. To see what filing and biometrics fees apply to you, please see the chart on the TPS-Haiti page.

Please remember that all TPS applicants must file Form I-765. If you do not want employment authorization, you will not have to pay a filing fee for Form I-765.
Be aware that individuals posing as legal professionals may attempt to take advantage of you by charging an additional fee for filing your applications forms. You can view a list of accredited representatives here.

Needless to say, we all share the concerns and sympathies of Director Mayorkas in this time of great need and will do our part to assist Haiti in its recovery effort.

Labels: Haiti, TPS