More Haitian Immigrants May Now Qualify for Temporary Protected Status

 Posted on December 13, 2022 in Immigration

Over the past several years, conditions in Haiti have become very volatile. An unstable political situation became much worse after the assassination of the country's president in 2021, and high levels of gang violence have put many people at risk. Environmental disasters have made problems even worse, leading to issues such as a lack of access to food, water, and medicine, as well as outbreaks of diseases such as cholera. Because of these issues, many people have fled the country and sought safety in the United States. Unfortunately, a large number of Haitian migrants have been deported or expelled, putting them at risk of further harm. 

In recognition of the safety issues that affect Haitian immigrants, the Biden administration has taken steps to provide protection for those who are already living in the United States. More immigrants may now qualify for Temporary Protected Status (TPS), which will ensure that they can remain in the U.S. as long as they meet all eligibility requirements.

What Is Temporary Protected Status?

Temporary Protected Status will protect immigrants from certain countries from being forced to return to a situation where they are likely to suffer harm. The Department of Homeland Security may designate certain countries for TPS based on conditions such as wars, natural disasters, political instability, and other extraordinary issues that affect people's safety. Immigrants who are eligible for TPS will be protected against deportation from the United States, and they will usually be able to receive authorization to work in the U.S. TPS is usually granted for periods of 18 months, although it may be extended if unsafe conditions in a country continue to affect immigrants who may be removed from the United States.

Unlike some other avenues for immigration to the U.S., there are no limits on the number of people who may qualify for Temporary Protected Status. However, TPS does not provide permanent authorization to live in the United States. Immigrants with this status may have temporary protections that will remain in place for a limited time, but they will usually be able to remain in the U.S. as long as conditions in their home countries continue to be dangerous.

Extension of Temporary Protected Status for Haitian Immigrants

The Biden administration had previously designated Haiti for Temporary Protected Status in 2021, but this designation was set to expire in February of 2023. Because dangerous conditions continue to exist in Haiti, the administration has extended TPS status for an additional 18 months, and it will last at least through August 3, 2024. Haitian immigrants who had previously qualified for TPS will continue to be protected against deportation. In addition, immigrants who were residing in the United States on or before November 6, 2022 will be eligible to apply for TPS and ensure that they can remain in the country.

It is important to note that anyone who entered the United States after November 6, 2022 will not be eligible for TPS. Those who apply for TPS will need to demonstrate that they meet all eligibility requirements. Some factors may disqualify a person for Temporary Protected Status, including certain types of criminal convictions, failure to meet residency requirements, failure to register for TPS within the applicable time periods, or issues that cause a person to be inadmissible to the United States.

Contact Our Irving Temporary Protected Status Lawyers

If you or a loved one are an immigrant from Haiti or another country that has been designated for Temporary Protected Status, John W. Lawit, LLC can help you make sure you meet all applicable requirements when applying for protection against deportation. We can also help you address any other issues related to immigration, and we will work with you to take the correct steps to ensure that you can continue living in the United States. Contact our Coppell immigration attorneys at 214-609-2242 to learn more about how we can assist with your case.

Sources:

https://www.nytimes.com/2022/12/05/us/politics/haitians-tps-biden-migrants.html

https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-extends-and-redesignates-temporary-protected-status-for-haiti-for-18-months

https://www.uscis.gov/humanitarian/temporary-protected-status