In an effort to assist Haiti following the devastating earthquake that struck on January 12, 2010, the United States Citizenship and Immigration Services (USCIS) will provide certain temporary immigration relief. The Secretary of the Department of Homeland Security, Janet Napolitano, has announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States on the day the earthquake struck. This designation will allow eligible Haitians nationals to continue living and working in the United States for the next 18 months.
Additional temporary immigration relief available to Haitian nationals include favorable adjudication, where possible, of requests for change or extension of nonimmigrant status, acceptance of applications for change or extension of nonimmigrant status submitted after the Haitian national’s authorized period of admission has expired, re-parole of Haitian natioals granted parole by USCIS, extension of certain grants of advance parole, expedited processing of advance parole requests, favorable and expedited adjudications, were possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students, expedited processing of immigrant petitions for children of U.S. citizens and lawful permanent residents, and issuance of employment authorization where appropriate.
Also, USCIS will adjudicate favorably where possible applications for change or extension of nonimmigrant status following the expiration of an applicant’s period of admission. B visa non-immigrant visitors can apply for an additional 6 month extension. In cases where a Haitian national is no longer able to extend his or her current nonimmigrant status, favorable consideration will be given to requests for change of status to B-1 or B-2.
Finally, Haitian nationals who are under a final order of removal may be granted a stay of removal. Decisions will be made on a case-by-case basis. Where appropriate, Haitian nationals that receive a stay of removal may be eligible to apply for or receive employment authorization so that they may support themselves.