Temporary Protected Status (TPS) for Haitian Nationals

The Law Office of Bernstein Osberg-Braun and de Moraes welcomes the granting of Temporary Protected Status (TPS) to our Haitian nationals already residing in the United States. The Obama administration announced Friday, January 15, 2010, that it would grant tens of thousands Haitian nationals Temporary Protected Status, or TPS, an immigration benefit sought for years by Haitian activists, immigrant advocates, and South Florida lawmakers.

TPS will allow eligible Haitian nationals in the United States to continue living and working in the United States for the next 18 months, with the possibility of renewal. 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. It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010.

During a designated TPS period, eligible individuals: are not removable from the United States, cannot be detained by DHS, can obtain an employment authorization document (EAD), and may apply for travel authorization.

You are eligible for TPS if you meet all of the following requirements:

• You are a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;

• File during the open registration or re-registration period.

• You have been continuously physically present in the United States since the most recent designation date for your country;

• You have been a continuous resident in the United States since the date specified for your country;

• You have not been convicted of any felony or two or more misdemeanors in the United States;

• You are not a persecutor, or otherwise subject to one of the bars to asylum;

• You are not subject to one of the criminal or security related grounds of inadmissibility for which a waiver is not available.

The Law Office of Bernstein Osberg-Braun and de Moraes continues to extend sympathy to our Haitian neighbors, and strongly supports the Haitian relief effort underway. This tragic situation in Haiti cries out for fairness and compassion. Our office is equipped to help you and your family receive the help you need in this difficult time. For more specific information relating to the grounds of eligibility for TPS please contact our office either by phone at 305-895-0300 or by email at jmeldon@visaattorneys.com..