Temporary Protected Status (TPS) for Haiti- Questions and Answers

General Questions

Q1. What are the expected processing times for Form I-821, Form I-765 and Form I-131?

A1. Processing times vary depending on how complicated a case is. However, the approximate

times below generally apply:

Check Case Processing Times webpage.

Q2. What proof of my TPS status will I receive?

A2. If USCIS approves your initial TPS application, we will send you an approval notice with an

I-94, Arrival/Departure Record, which is evidence of your TPS. If you filed Form I-765,

Application for Employment Authorization, and you did not receive an EAD before this step, we

will also send you an EAD. For more information on the TPS application process, visit USCIS’

TPS webpage. (See the section Application Process.)

Q3. May people in immigration detention apply for TPS?

Q4. When a family is applying for TPS, do you recommend that every family member

apply simultaneously?

A4. TPS is an individual benefit, and family members cannot derive TPS because their spouse or

parent receives TPS. Family members may each apply for TPS on their own individual

applications either simultaneously or at different time, but each individual must meet the

eligibility criteria for TPS independently. USCIS encourages each family member to file their

own application with a separate payment.

Q5. If I am subject to certain grounds of inadmissibility that may be waived, am I required

later if you do not submit it with your initial package. For more information, visit USCIS’ TPS

webpage.

Q6. If I am out-of-status or entered the United States illegally, am I still entitled to apply

for TPS?

A6. Yes, if you are out of status or entered the United States without being inspected and

admitted you may apply for TPS. To be approved for TPS, you must meet all eligibility

Q7. Does TPS take effect on the date USCIS approves the application or the date USCIS

receives it?

A7. TPS takes effect on the date USCIS approves Form I-821, Application for Temporary

Protected Status. For more information on the application process, please see the Application

Process section on USCIS’ TPS webpage.

Q8. What is the difference between continuous residence and continuous physical

presence?

A8. To qualify for Temporary Protected Status, an applicant must show both continuous

The regulations at 8 CFR 244.1(3) define the terms as follows:

Continuously physically present means actual physical presence in the United States for the

entire period specified in the regulations. An alien shall not be considered to have failed to

maintain continuous physical presence in the United States by virtue of brief, casual, and

innocent absences as defined within this section.

Continuously resided means residing in the United States for the entire period specified in the

regulations. An alien shall not be considered to have failed to maintain continuous residence in

the United States by reason of a brief, casual and innocent absence as defined within this section

other documentation, like a utility bill, that shows presence as of the continuous physical

presence date.

Q9. What absences are considered brief, casual and innocent?

A9. When determining continuous physical presence (CPP) in the United States since August 3,

2021 and continuous residence (CR) since July 29, 2021, USCIS must consider any absences

from the United States after each of those dates. USCIS considers each absence separately. If

the absence was “brief, casual and innocent” as defined in 8 CFR 244.1, then it is an exception

that does not break either CPP or CR. for a “brief, casual and innocent”. The regulation states:

Brief, casual, and innocent absence means a departure from the United States that satisfies the

(3) The purposes for the absence from the United States or actions while outside of the United

States were not contrary to law.

In addition to the BCI exception, which applies for both CPP and CR purposes, there is a

separate exception that applies to prevent a break in CR. An absence such as a temporary trip

abroad required by emergency or extenuating circumstances outside your control will not break

continuous residence. After you have TPS and you travel abroad during any period of approved

advance parole, your TPS also cannot be withdrawn for breaking CPP. When you apply for

TPS, you must inform USCIS of all absences from the United States since the CPP and CR

dates. USCIS will determine whether the BCI or any other exception applies in your case.

Completing the Application

Q10. Do I have to list every country I lived in before coming to the United States, or just

Q11. For Form I-821 Part 6, Information About Your Children, can you confirm that I

should only complete this section if I am filing a late application?

A11. Yes. You should only complete Form I-821, Part 6, if you are filing a late initial application

for TPS. There is no late initial filing during an initial designation for TPS, however the

registration period under the new Haiti designation runs for the duration of the country’s

designation to February 3, 2023. If Haiti’s designation is extended by the Secretary beyond that

date, there will be an opportunity for late initial filings.

Documents

Q13. Are expired passports acceptable forms of identification to establish nationality and

identity?

A13. Expired passports are acceptable to establish nationality and identity. USCIS may request

additional evidence of nationality or identity if there is any question about whether you have

demonstrated those requirements.

Q14. Is USCIS considering streamlining the fee waiver request process given that many

applicants - especially more recent arrivals - may not have documentary proof of a means-

tested benefit or qualifying income or lack thereof? Could a letter on letterhead from a

non-governmental organization assisting the applicant attesting to the applicant's financial

hardship be considered sufficient?

A14. USCIS continues to follow pre-2020 final fee rule fee waiver eligibility policy. This policy

provides that an individual is eligible for a fee waiver (for eligible form types) if the individual

demonstrates an inability to pay the required fee based on the receipt of a means-tested benefit,

income at or below 150 percent of the federal poverty guidelines, or financial hardship. USCIS

does not currently accept letters from non-government organizations as evidence demonstrating

Other Status

Q16. If I am a student and I apply for TPS, do I lose my F-1 student status? What happens

if the TPS period is not extended?

A16. Registration for TPS does not prevent you from applying for or maintaining a

nonimmigrant status, such as F-1 academic student. Even if TPS is not extended, it has no

bearing on F-1 status and the individual can continue to remain in F-1 status if he or she remains

eligible for F-1 status. At least 60 days before Haiti’s TPS designation or extension expires, the

secretary of homeland security, after consulting with appropriate government agencies, must

review the conditions in Haiti to determine whether they continue to meet the conditions for the

Q18. How should I respond to the question about my current immigration status if I have

applied for asylum?

A18. Please provide your current immigration status (or lack of status). For example, visitor,

student, visa overstay, or no status.

Q19. Can I apply for TPS without affecting my asylum claim? Would I have to pay for a

A21. After an application is filed online, users cannot make corrections or changes to the form

they submitted. Similarly, after a user responds to an RFE, the user cannot reopen the response to

add additional information.

However, applicants can upload unsolicited evidence to include corrected documents,

typographical corrections, and letters clarifying any inadvertent error. If you choose to upload

unsolicited evidence, please be sure to tell us exactly why you’re sending it to us on the

We will consider the timeliness and relevance of this information when deciding your case.

If an applicant moves, they must provide us with their new mailing address at uscis.gov/address

change, and they’ll want to update their address in their USCIS online account as well.

Q22. If a question doesn't apply to the applicant, should they put N/A or leave blank?

A22. Our online forms have conditional logic, which means that answers to some questions

determine the questions that are asked later. This helps ensure that the questions presented to the

applicant fit their profile and minimize or eliminate questions that do not apply to them. If a

required data field is not completed, the system will generate a red alert reminding the applicant

Q23. What if the fee bounces back through an ACH payment, would that be a subsequent

rejection?

A23. In order to pay for your forms, you must use a U.S. bank account or a debit or credit card.

If your payment is rejected due to insufficient funds or you entered some numbers in error, the

system will return you to the payment page to correct the error or to provide an account with

sufficient funds.

Q24. If an attorney prepares the form for an applicant, how do both applicant and attorney

sign?

A24. Attorneys and accredited representatives can use their USCIS online account to prepare

Once the client enters the one-time passcode, the attorney will no longer be able to make changes

to the application, unless the client declines the application or Form G-28. When a client declines

the application, the form is sent back to the representative for editing. After the client reviews

and approves the forms, the attorney can then pay for and submit the application and Form G-28

Firm Resettlement/ Dual Nationality

Q25. Will children who are born in a third country to eligible Haitian parents, be eligible

themselves for TPS?

A25. If the child is able to demonstrate that he or she is a national of Haiti under Haitian law, or

a person without any nationality who last habitually resided in Haiti, and that child also meets all

the other requirements for TPS, then he or she is eligible for TPS. In some circumstances a child

may acquire Haitian nationality by having a parent who is Haitian even where born outside of

the evidence presented with his or her TPS application.

We note further that TPS is an individual benefit, meaning that a child cannot be granted TPS as

a derivative of a parent who receives TPS. Each person must file a separate TPS application,

Form I-821, to register for TPS. Each person has the option also to apply individually for an

Employment Authorization Document (EAD) on Form I-765. Family members may submit their

individual applications for TPS simultaneously or at different times. USCIS encourages each

family member to file their own application with a separate payment.

Q26. Can you address whether the status received by Haitians in Brazil and Chile will

make them ineligible for TPS because of the firm resettlement bar?

points about TPS adjudications. The fact that an individual has received a lawful immigration

status in a country other than Haiti, by itself, is not disqualifying. Where the applicant’s

immigration status in another country may be relevant is in the consideration of whether the firm

resettlement asylum bar applies to the specific facts of the applicant. For purposes of TPS

eligibility, USCIS considers an applicant to be firmly resettled if, prior to arrival in the United

States, and subsequent to the events giving rise to the TPS designation, they entered into another

country with, or while in that country received, an offer of permanent residence status,

citizenship, or some other type of permanent resettlement, unless they fall into one of the

exceptions to firm resettlement because:

that the applicant may have would also be helpful. The applicant should also include any

information and supporting documentation that may assist USCIS in determining whether the

exceptions in 8 CFR 208.15 to the firm resettlement bar apply in the applicant’s particular

circumstances.

were born in Central America and are citizens of a Central American country by birth but

who cannot reasonably settle in that country?

A27. An individual is ineligible for TPS if he or she has firmly resettled in another country prior

to arriving in the U.S. and subsequent to the events leading to the TPS designation or

redesignation. We are aware of certain Haitians who have citizenship or other status in Central

American countries. First, each application is adjudicated on a case-by-case basis, so we cannot

give a global response regarding all the types of citizenship or immigration status that every

Haitian applicant may have received from another country. However, we can note some general

points about TPS adjudications. Merely having another nationality in addition to Haitian

nationality - in other words being a dual national - by itself, is not disqualifying. Where the

country prior to arriving in the United States. The applicant should also include any information

and supporting documentation that may assist USCIS in determining whether the exceptions in 8

CFR 208.15 to the firm resettlement bar apply in the applicant’s particular circumstances.

A29. Include a list of countries you entered while traveling to the United States, including any

countries where you resided in and transited through. Also include any citizenship, naturalization

or other immigration status and any visa or entry permits issued to you along with copies of your

passport pages and any documentation provided to you while in the country. If you were offered

immigration status or citizenship in a country other than Haiti and declined the offer, describe the

status offer and why you did not accept it.

TPS application?

A30. USCIS will evaluate each application on a case-by-case basis and make a determination

based on the information and documents submitted by the applicant and any other information

available to USCIS.

Q31. If USCIS determines that I am subject to the firm resettlement bar, what will happen

with my application?

A31. If USCIS determines that the firm resettlement bar, as defined in 8 CFR 208.15, applies to

you, your application for TPS cannot be approved. You will receive a notice of intent to deny,

which will include an opportunity for you to respond to the stated reasons for the intended

Q32. Will my employment authorization document (EAD) be delayed due to questions

about firm resettlement?

A32. Each case is evaluated on its merits. USCIS will review your case to determine whether

you are eligible for TPS. If you appear to be eligible following an initial review of your TPS

application (i.e., “prima facie eligible”) you will receive an EAD while USCIS completes the

adjudication of your TPS application, provided that you have applied for an EAD by filing Form

I-765, Application for Employment Authorization. If USCIS does not finally approve your TPS

application, your EAD will be invalid.

As long as the applicant can provide sufficient evidence that they are a Haitian national (e.g.,

passport, birth certificate and photo identification, and/or any national identity document from

country of origin bearing a photo and/or fingerprint), the applicant should be able to meet the

nationality requirement. The applicant may also provide secondary evidence of nationality if