Temporary Protected Status (TPS) for Haitians

Funding for this list has been generously provided by the Fund for New Citizens at The New York Community Trust, which is supported by a grant from the Open Society foundations.  Please visit them at www.nycommunitytrust.org

The following information was compiled by the New York Immigration Coalition (NYIC) in an effort to centralize information about authorized nonprofit immigration legal service agencies responding to the January 12, 2010 tragedy in Haiti and the May 17, 2011 announcement of the extension of the designation of Haiti for Temporary Protected Status (TPS) as well as the re-designation of Haiti for TPS. This document is fluid in that we can add, correct, and remove information. The information contained on this list is by no means exhaustive. If you would like to add upcoming TPS events to this list or otherwise have a question about the information on this list, please contact Tom Shea at The New York Immigration Coalition at Tshea@thenyic.org.

Haitian nationals who have already been granted TPS under the original designation of Haiti for TPS must apply to re-register for TPS by Monday, August 22, 2011 in order to maintain their TPS status.

For Haitian nationals who do not have TPS but who have been residing in the United States since January 12, 2011, they must apply for TPS by Tuesday, November 15, 2011.

Haitian nationals granted TPS under the re-designation or granted TPS under the re-registration will have TPS valid through January 22, 2013.

We recommend that you first obtain legal advice from an authorized immigration legal service provider (e.g., an immigration attorney or a Board of Immigration Appeals (BIA) accredited representative) before filing any application with the immigration authorities.

• List of authorized nonprofit immigration legal service organizations
  

PLEASE DO NOT REFER HAITIAN NATIONALS SEEKING LEGAL ASSISTANCE TO LEGAL CLINICS UNLESS YOU KNOW THAT THE STAFF AND VOLUNTEERS WHO ARE PROVIDING THE SERVICES HAVE BEEN TRAINED ON TEMPORARY PROTECTED STATUS (TPS) AND ARE OPERATING UNDER THE SUPERVISION OF AN IMMIGRATION ATTORNEY OR A BIA ACCREDITED REPRESENTATIVE . I am concerned that agencies will have untrained staff and volunteers helping people to complete and file TPS applications which in turn could end up putting people in removal proceedings if they are ineligible for TPS.

 EVEN IF THE AGENCY IS WELL-MEANING IN TRYING TO RESPOND TO THE DEMAND TO (1) APPLY FOR INITIAL TPS UNDER THE RE-DESIGNATION OR (2) APPLY TO RE-REGISTER FOR TPS UNDER THE EXTENSION OF THE DESIGNATION, YOU DO NOT WANT TO SEND PEOPLE TO AN ORGANIZATION THAT IS NOT COMPETENT TO PROVIDE IMMIGRATION LEGAL SERVICES. THIS “TPS RESOURCES” LIST CONTAINS A SECTION OF AUTHORIZED IMMIGRATION LEGAL SERVICE PROVIDERS THAT ARE WILLING TO ASSIST HAITIAN NATIONALS TO APPLY FOR TPS. Note that many nonprofit immigration legal service providers charge a fee for their services.

I am also concerned about what will happen with Haitian nationals who receive services through group TPS application workshops. If your organization is offering group TPS application workshops (i.e., helping people complete TPS applications in a group setting), please make sure that you provide them clear guidance about where they can go to receive immigration legal assistance should they receive a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) from USCIS after they file their TPS applications (whether an application for initial TPS or an application to re-register). Most people who receive immigration legal services through a group application workshop will probably leave the workshop without having a legal representative. If they apply for TPS and receive a notice from USCIS in the mail, they might not understand what to do with the notice (especially if they do not read English).

If you do not respond to an RFE or a NOID within the time period specified, the USCIS most likely will deny the TPS application. Therefore, it is essential that people who leave group application workshops and who do not currently have legal representation, receive clear guidance on where to go to obtain competent immigration legal services after they apply for TPS (i.e., give them a list of authorized and reputable nonprofit immigration legal service organizations and/or reputable immigration attorneys).

TPS RESOURCES

Haitian TPS Hotline:

The New York State Immigration Hotline (8:00 a.m. to 6:00 p.m.): For information about upcoming Haitian-TPS-related events, call the New York State Immigration Hotline at 1-800-566-7636 (if within NY State) or 1-212-419-3737 (if outside NY State).

The Legal Aid Society has a TPS Hotline for Haitian nationals. Call I-888-284-2772. You can find out about upcoming TPS clinics offered by the Legal Aid Society and obtain free comprehensive advice and referrals from the Legal Aid Society’s Immigration Law Unit.