In a significant move to address the humanitarian crisis in Haiti, the Biden administration has announced an expansion of the Temporary Protected Status (TPS) for Haitians residing in the United States. This decision opens the door for over 300,000 Haitians to remain in the country legally until early 2026, reflecting the U.S. government’s recognition of the unsafe conditions in the Caribbean nation.

Temporary Protected Status Expansion

Homeland Security Secretary Alejandro Mayorkas confirmed that TPS for Haitians will be extended from Aug. 4, 2024, to Feb. 3, 2026. This extension applies to Haitians who were in the United States on or before June 3, 2024. 

Temporary Protected Status (TPS) is a humanitarian program established by the United States government that provides temporary legal status to nationals of certain countries experiencing extraordinary and temporary conditions that prevent them from returning safely. These conditions include armed conflict, environmental disasters, epidemics, or other extraordinary and temporary conditions. The program aims to offer protection to individuals from these designated countries who are already present in the United States.

Mayorkas highlighted the severe challenges facing Haiti, including violence, insecurity, and limited access to safety, healthcare, food, and water. The country’s susceptibility to natural disasters such as flooding, mudslides, and earthquakes exacerbates these conditions, creating ongoing humanitarian needs.

Implications for Haitian Immigrants

Under the new TPS designation, an estimated 309,000 Haitians are now eligible to apply for legal residency if they were present in the U.S. by June 3, 2024. Those who miss this deadline risk deportation. Current TPS holders must re-register between July 1, 2024, and Aug. 30, 2024, to maintain their status.

Lawmakers and immigrant advocates have welcomed this decision. U.S. Rep. Frederica S. Wilson described the move as a much-needed relief for Haitian families, emphasizing the dire consequences of returning to Haiti at this time. U.S. Rep. Debbie Wasserman Schultz echoed these sentiments, praising the administration’s protective measures and advocating for comprehensive immigration reform.

Marleine Bastien, Executive Director of the Family Action Network Movement (FAMN), applauded the decision as a step in the right direction. She stressed the importance of a permanent solution and noted the advocacy efforts highlighting the dangerous conditions in Haiti.

Pursuing a Green Card: Steps for Haitian Immigrants

It is important to note that individuals granted TPS are allowed to live and work in the U.S. for a specified period without fear of deportation. While this is a form of legal residency, this status is not permanent and does not directly lead to a green card or citizenship.

For Haitian immigrants aiming to transition from TPS to a more permanent legal status, such as obtaining a green card, several steps should be followed:

1. Consult with an Immigration Attorney: It is crucial to seek professional legal advice to understand eligibility and navigate the complex application process. Firms like Litwin & Smith specialize in immigration law and can provide valuable guidance.
2. File an Adjustment of Status Application: If eligible, TPS holders can apply for an adjustment of status (Form I-485) to become a lawful permanent resident. This process involves submitting various forms and documentation to U.S. Citizenship and Immigration Services (USCIS).
3. Prepare for the Interview: An interview with a USCIS officer is typically part of the green card application process. Be prepared to provide additional documentation and answer questions about your application.
4. Stay Informed and Compliant: Keep abreast of any changes in immigration law and ensure all deadlines and requirements are met. Maintaining TPS status while pursuing a green card is essential to avoid any legal complications.
5. Gather Supporting Documentation: Collect and organize all necessary documents, including proof of identity, TPS status, and any other evidence required by USCIS.
6. Consider Special Programs: In some cases, Haitian immigrants might be eligible for other immigration programs or benefits. An experienced immigration attorney can help identify and pursue these opportunities.

By taking these steps, Haitian immigrants can work towards securing a green card and achieving long-term stability in the United States. The expanded TPS program is a critical lifeline, but pursuing permanent residency requires careful planning and professional assistance.

At Litwin & Smith, we are dedicated to supporting Haitian immigrants through every step of the immigration process. Contact us today to learn more about how we can assist you in achieving your immigration goals.