Haiti – FLASH: Good news, Extension and redesignation of Haiti for TPS, confirmed
29/06/2024 09:29:09
On Friday, June 28, 2024, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Haiti for temporary protected status for 18 months, from August 4, 2024, to February 3, 2026, due to the extraordinary and temporary conditions in Haiti. The corresponding Federal Register notice https://www.federalregister.gov/public-inspection/2024-14247/extension-and-redesignation-of-haiti-for-temporary-protected-status provides information on registering for TPS as a new or existing beneficiary under Haiti’s extension and redesignation.
After consultation with interagency partners, Secretary Mayorkas determined on June 3, 2024 that an 18-month extension and re-designation of Haiti for TPS is warranted because the conditions supporting Haiti’s designation are persistent and that it was not contrary to the national interest of the United States. “We are providing this humanitarian assistance to Haitians already present in the United States given the conditions that prevailed in their country of origin as of June 3, 2024,” Mayorkas declared.
Haiti’s new designation for TPS allows approximately 309,000 additional Haitian nationals (or individuals without nationality who ordinarily resided in Haiti) to file an initial application for TPS, if they are eligible and have established residency in the United States on or before June 3, 2024 and continue to reside in the United States -United (“continuous residence”). Eligible individuals who do not have TPS may submit an initial Form I-821 https://www.uscis.gov/i-821, Application for Temporary Protected Status, during the initial registration period extending from July 1, 2024 to February 3, 2026.
Applicants may also request TPS-related employment authorization documents and travel authorization. Applicants may apply for an EAD by submitting a completed Form I-765 https://www.uscis.gov/i-765, Application for Work Authorization, with their Form I-821, or separately later.
Haitians who were not residing in the United States on or before June 3, 2024, are not eligible for such protection and will be at risk of deportation to Haiti if they do not establish a legal basis to remain.
The TPS extension for Haiti allows current beneficiaries to retain TPS through February 3, 2026, if they continue to meet TPS eligibility requirements.. Current TPS recipients for Haiti must re-enroll in a timely manner during the 60-day re-registration period from July 1, 2024 to August 30, 2024, to ensure they maintain their TPS and work authorization. Re-registration is limited to individuals who have already registered and obtained TPS under the initial designation of Haiti.
The Department of Homeland Security (DHS) recognizes that all re-enrollees who apply for a new EAD (employment authorization) may not receive one until their current EAD expires and is automatically extending the validity of certain EADs previously issued under Haiti’s TPS designation through August 3, 2025. Details will be available on USCIS.gov. If you have one of these EADs, to obtain a valid EAD after August 3, 2025, you must re-enroll for TPS and file Form I-765, Application for Employment Authorization, following the instructions in the Federal Register Notice Extending and Redesignating Haiti for TPS Through February 3, 2026. If U.S. Citizenship and Immigration Services approves your newly filed Form I-765, USCIS will issue you an EAD valid through February 3, 2026.
The United States Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the previous Haiti TPS designations. Individuals with a pending Form I-821, Application for Temporary Protected Status, or related Form I-765 as of July 1, 2024, do not need to refile either application. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous Haiti TPS designation, USCIS will grant individual TPS through February 3, 2026, and issue an EAD valid through the same date.
The Federal Register notice explains the eligibility criteria, deadlines, and procedures necessary for current grantees to reregister and renew EADs, and for new applicants to submit an initial application under the new designation and request an EAD.
This expansion and new designation does not apply to anyone who was not already in the United States on June 3, 2024and consequences continue to apply to those who attempt to cross illegally or without authorization into the United States. Since the President’s Border Securing Proclamation and Interim Final Rule were issued in early June, more than 24,000 noncitizens have been expelled or returned to more than 20 countries.
HL/ HaitiLibre
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