Virtual Office Attorney

To follow up my previous post on the decision of the Department of Homeland Security (DHS) to stop deporting Haitians after the recent earthquake,  DHS has announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. 

In addition, DHS has announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need. 

See the full statement regarding TPS status from the DHS below. 


DHS: Statement from Homeland Security Secretary Janet Napolitano.

According to the Department of Homeland Security, all removals to Haiti are effectively halted.

Although recently rejected for Haitians, this most recent natural disaster may also have effect on those immigrants seeking TPS status in the United States. 

DHS: Statement by Deputy Press Secretary Matt Chandler.

According to this Associated Press article, The Department of Homeland Security, Immigration and Customs Enforcement (ICE) has stopped deportations to Haiti due to destabilization in the country after three hurricanes and a tropical storm. 

Although the halt of deportations is good news, Haitians have not been granted Temporary Protected Status (TPS).  This is disappointing. 

On a personal note, my own family has been affected by a recent natural disaster - Hurricane Ike.  My mother has evacuated to our home.  Fortunately, she does not have to return to Galveston where there is no water, natural gas, or shelter for many people.  She can stay here with us until government, businesses, schools & work places return to normal.  Fortunately, she's not a Haitian in the USA who is required to return to Haiti.

U.S. Citizenship and Immigration Services (USCIS) announced an extension of Temporary Protected Status (TPS) for nationals of Sudan through May 2, 2010. The extension will offer those who have already been granted TPS an opportunity to re-register and maintain their status for an additional 18 months. TPS does not apply to Sudanese nationals who entered the United States after Oct. 7, 2004.

USCIS also automatically extended the validity of employment authorization documents (EADs) held by Sudanese nationals in current TPS status from Nov. 2, 2008 to May 2, 2009. This six-month extension will allow sufficient time for eligible TPS beneficiaries to receive their new EADs without a lapse.

The extension of TPS for Sudan is effective Nov. 3 and will remain in effect through May 2, 2010. Nationals of Sudan who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period from Aug. 14 until Oct. 14, 2008. Sudanese TPS beneficiaries are encouraged to apply as soon as possible following the start of the 60-day period.  Applications will not be accepted prior to the opening of the re-registration period.