On May 19, 2011, the Department of Homeland Security published a notice in the Federal Register that extends the existing designation of Haiti for temporary protected status (TPS) as well as redesignates Haiti for 18 months, both effective July 23, 2011 through January 22, 2013. The original Haiti TPS notice was published on January 21, 2010, and designated Haiti for TPS until July 22, 2011.
Also see:
- NAFSA's page: Haiti Earthquake: Resources For International Student And Scholar Advisers
- NAFSA's resources on using an immigration lawyer, since advising on TPS should be done by experienced immigration counsel
Summary from the May 19, 2011 Federal Register notice:
SUMMARY: This notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of Haiti for temporary protected status (TPS) for 18 months from July 23, 2011 through January 22, 2013, and redesignating Haiti for TPS for 18 months, effective July 23, 2011 through January 22, 2013. The extension allows current eligible TPS beneficiaries to retain their TPS through January 22, 2013. The redesignation of Haiti allows additional individuals who have been continuously residing in the United States since January 12, 2011, to obtain TPS, if eligible, including certain Haitians who arrived in the United States following the January 12, 2010 earthquake in Haiti.
Under the redesignation, individuals who currently do not have TPS, or a TPS application pending, may apply for TPS from May 19, 2011 through November 15, 2011. In addition to demonstrating continuous residence in the United States since January 12, 2011, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since July 23, 2011, the effective date of the redesignation of Haiti.
For individuals who have already been granted Haiti TPS, the 90-day re- registration period will run from May 23, 2011 through August 22, 2011. The Department will publish a Federal Register notice in May with complete information on the re-registration procedures, including the automatic 6- month extension of currently valid employment authorization documents (EADs) that expire July 22, 2011. However, current Haiti TPS beneficiaries may not apply for re- registration until May 23, 2011.
Applications and fees submitted before that date will be rejected and will have to be resubmitted once the re- registration period starts. TPS applications that were filed during the first Haiti designation that opened on January 21, 2010, and remain pending on May 19, 2011 will be treated as initial applications under the redesignation. Therefore, individuals who have a pending TPS application will not need to file a new Application for Temporary Protected Status, Form I– 821. Additional instructions are provided in this notice for individuals whose TPS applications remain pending and who would like to obtain an EAD valid through January 22, 2013.
DATES: Extension of TPS: The 18-month extension of the existing designation for Haiti is effective July 23, 2011, and will remain in effect through January 22, 2013. The 90-day re-registration period for current Haiti TPS beneficiaries will run from May 23, 2011 through August 22, 2011.
Re-registration procedures will be announced prior to the start of the re- registration period. Redesignation of TPS: The redesignation of Haiti for TPS is effective July 23, 2011, and will remain in effect through January 22, 2013, a period of 18 months. The initial registration period for new applicants under the Haiti TPS re-designation will run from May 19, 2011 through November 15, 2011.