Haitian Temporary Protected Status Video

Tom & Peter
Immigration Guys

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Temporary Protected Status (TPS) Designated
Janet Napolitano  designated Haiti for TPS on January 15, 2009 in response to the devastation left behind by the tragic earthquake last week.  This means that 100,000 to 200,000 Haitian nationals living illegally in the U.S. may apply for benefits, including the right to live and work  in the United States.

TPS has been designated for other countries in the past and is designed to temporarily provide legal immigration status to eligible nationals of countries designated by the Secretary of Homeland Security.

Not All Haitian Nationals Are Eligible To Apply For Haitian TPS

In order to be eligible applicants need be a national of Haiti, or a stateless person who last habitually resided in Haiti. In addition, there are certain residency requirements that must be met 1) Elligible applicants must have resided in the U.S. as of January 12, 2010 and 2) must remain continuously physically present in the United States from the date of the Federal Register Notice publication, announcing the opening of the initial filing period for registration.

It is also notable that the conviction of any felony or two or more misdemeanors in the U.S. will make one ineligible for TPS benefits.

TPS Registration Period Open For 180 Days
Haitian TPS registration will be  open for  a 180-day period only. The opening daet is expected to be announced this week. You should not attempt to file early as applications will  likely be rejected. Further applications must be filed before the final of the registration date.

Haitian TPS Application Seminars and Online Webinars

Goldman & Loughlin, PLLC the Immigration Only Law Firm will be sponsoring seminars at several Florida locations including Orlando, Naples, Fort Myers, Bradenton and Miami.

Please visit the website for details: www.usimmigrationteam.com/tps-seminar-schedule.htm

In addition, the firm will host weekly online webinars for those who may be unable to attend the seminars.

Please go to www.usimmigrationteam.com/haitian-tps-webinars for more information/

Tom & Peter

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(TPS) Designation Announced

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Yesterday, Department of Homeland Security Secretary Janet Napolitano announced that she was designating Haiti  for Temporary Protected Status (TPS), a move that will make many Haitian nationals  eligible for U.S. immigration benefits.

Eligible Haitian nationals who were in the United States as of January 12, 2010 will be  able to apply for protection and authorization to work.

TPS Status for Haiti and it nationals living in the United States has been tossed about by the government over the past decade but now it is finally a reality.

The recent horrific earthquake forced the world to take a renewed look at the harsh realities of day-to-day life in the impoverished nation.  Granting TPS designation will help lessen the burden for Haiti and is people living in this country.

Full Text of Secretary Napolitano’s Announcement:

“As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.

“At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way.  The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.

“It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.

“The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts.

****************end

We would like to thank Secretary Janet Napolitano for her historic and compassionate decision in designating Haiti for TPS.

Tom & Peter

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We need your help to spread the word  to urge President Obama to  designate Haiti for Temporary Protected Status.

Please  go to  http://capwiz.com/aila2/home/ and send an automated email to the White House.    – it will only take you about 30 seconds.

Then please take this opportunity for action with your friends and colleagues by directing them to do the same.

Haiti  has long been deserving of TPS status, but in light of the recent earthquake devastation we need to seriously consider our nation’s unfair immigration policies toward Haiti.

Thanks,

Tom & Peter

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Generally, the laws apply to lawful permanent residents of the United States who have a good moral character, and can demonstrate: 1) a knowledge of the English language, 2) knowledge of US government and history (civics), and an attachment to the United States by taking an oath of allegiance to the US Constitution.

Some requirements such as residency and physical presence in the United States may be waived. The specific sections of the Immigration and Nationality Act, referred to as the INA, which apply to citizenship for Armed Forces members, are Sections 328 and 329.

Section 328 applies to all members now serving, and to those who have been discharged. Section 329, on the other hand, applies to members of the Armed Forces who are currently serving or have been on active-duty during certain periods of time, including WWI; September 1, 1939-December 31, 1946; June 25, 1950-July 1, 1955; and February 28, 1961-October 5, 1978, or any addtional period designated by the Presendent in an Executive Order. The most recent such Executive Order identified September 11, 2001 and after as an authorized period of conflict.

In either case, to qualify, the applicant must have served honorably for one or more years, and file the citizenship application with the United States Citizenship and Immigration Service (USCIS) while still in service or within six months of being discharged.

For members of the Armed Forces at US embassies, consulates, and military installations abroad, applications may be filed while overseas, and the normal filing fee of $675 will be waived. In the case where an Armed Forces member is married to a US citizen who is or will be deployed abroad for one year, naturalization may be expedited. Citizenship may even be awarded posthumously to those who die while serving in the Armed Forces, and surviving family members are given special considerations.

A Military Help Line has been established at the USCIS in order for you and your family to have access to immigration information. The number to call is 1-877-247-4645. You will be able to find additional information about citizenship on the government website at www.uscis.gov. We, at Goldman & Loughlin, strongly recommend you seek counsel from an attorney before filing for citizenship. A number of crucial issues should be addressed before a decision is made to file your application. A misstep in this process can in some cases lead to a loss of permanent resident status.

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It is not necessary to appear in person before the board, although personal appearance may be requested by the respondent. The appeal is processed in two parts: first, the court is notified of the appeal. This is done by completing form EOIR-26. The form must be received at the appeals court no later than the thirtieth day from the date of the Immigration Judge’s order, so be sure to send the form in a manner that can be tracked. Along with this form, you should also mail a check made payable to the US Department of Justice in the amount of $110 for the filing fee, or complete and send Form EOIR-26A, which is a fee waiver request. The court will also need to receive a copy of the immigration court order, and if respondent is represented by counsel, Form EOIR-27.

The second part of the appeal will take place in approximately two months, when a transcript of the Individual Hearing is mailed to the respondent or attorney, with a notice that a legal brief will be due in approximately three weeks. You will receive the transcript and request for a brief only if you indicated on the Notice of Appeal (Form 26) that you intend to file a brief. It is strongly suggested that you have an attorney handle your appeal, and in particular, to write the brief. A legal brief is a document which states the facts and points of law concerning your case. It is a vital part of the appeal process as it gives the respondent the opportunity to discuss particular errors the immigration court may have made.

Our experience at Goldman & Loughlin, is that it takes about 9 months to a year for the court to render a decision. Again, if the court denies the appeal, the respondent has the opportunity to file another appeal with the Circuit Court of Appeals or even to the US Supreme Court. However, from a practical standpoint, this is not done in most cases due to costs and the strict requirements to be eligible for relief in the federal courts.

If the appeal is dismissed and no appeal is made within 30 days,  the respondent is expected to leave the United States.

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To give you an example, US citizen parents may have a child born in a foreign country. That child may be a citizen of both countries. Foreign citizenship may also be acquired by marriage, or once a person becomes a naturalized citizen of the US, the person may not lose citizenship in the home country. What is important to remember is that acquiring another citizenship does not necessarily mean that there will be a loss of US citizenship.

For example, one who is automatically granted another citizenship does not risk losing US citizenship. But, if  foreign citizenship is acquired by application, there is a risk. The key is that if the application is made voluntarily, by free choice, with the intent to give up US citizenship, then there is a chance that US citizenship will be lost.

How is intent shown? It is shown by a person’s statements or conduct. Our experience is that the US government does not encourage dual citizenship because of various potential problems, such as claims of other countries on dual citizenship holders may create a conflict with US law. Allegiance is owed to both countries, however, and the laws of both countries have to be obeyed.

In order to determine if your country permits dual citizenship, contact your home country’s consulate or embassy.

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If you leave the US without going to court, you will self-deport and have to stay out of the US for several years before returning. However, by going to court and requesting voluntary departure, even though you entered the US illegally, you would not have unlawful presence if you filed an asylum application within one year of your entry. Unlawful presence may be tolled in other situations as well.

Voluntary departure is a discretionary form of relief, meaning the judge has the ability to grant or not grant voluntary departure even if technically, you are eligible. You will be asked to confirm that it is your decision to take voluntary departure, what arrests and convictions do you have anywhere in the world, whether or not you have been ordered removed before or taken voluntary departure before, and whether or not you have a passport and the ability to pay your own way out of the United States. You will also have to advise the court that you will leave on or before the date provided by the court. The most time you will be able to remain in the US after taking voluntary departure is 120 days.

Once you take voluntary departure, it is very important that you make an appointment to appear in person at the local US Immigration and Customs Enforcement (ICE) office to present a copy of your passport and airline reservation. Form G- 146 will be provided to verify your departure from the US. This document should be taken to the US Consulate in your home country. By following this procedure, your case will avoid unnecessary delay.

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