By Donna Lamb

Andrea Quarantillo, New York District Director of US Citizenship and Immigrations Services (USCIS), addressed the media and community leaders regarding Temporary Protected Status (TPS) for Haiti, available to Haitian nationals already in the United States by Jan. 12, 2010. The designation became effective on Jan. 21 and will remain in effect through July 22, 2011. The 180-day registration period for eligible Haitian nationals to apply will end July 20, 2010.

As Quarantillo explained, TPS is a temporary immigration status for eligible nationals of a country that has experienced temporary negative conditions such as armed conflict or environmental disaster that prevent its nationals from safely returning home. It will enable Haitian nationals to continue living and working in the US for the next 18 months, with the probability of extensions by the Secretary of Homeland Security.

When applying for TPS, a person is not questioned about their current immigration status because the measure is meant to accommodate those who are out of status as well as those who have status.

Although Haitians who are in this country currently without documentation are eligible, a person who has been convicted of a felony or two or more misdemeanors committed in the US is not. If an individual has had any brushes with the law whatsoever, it is recommended that they consult legal counsel before considering applying.

When a Haitian national is deemed eligible, they are allowed to 1) remain in the US legally, 2) obtain authorization to work, and 3) attain permission to travel outside the country and return to their TPS status. They are not removable from the US or able to be detained by the Department of Homeland Security.

Dir. Quarantillo also outlined the process for applying, which will require verification of identity and include fingerprinting. She explained that all applications are to be filed by mail, with no in-person filings required. The turnaround time is approximately six-months, and written notification of approval or denial of the application will be mailed to the applicant or any representative they designate.

The director said, too, that it is advantageous to file for TPS, employment authorization – which must be adjudicated and completed within 90 days from the filing date – and permission to travel outside the US all at the same time. However, if an emergency need to travel related to the earthquake arises, USCIS will make every effort to accommodate the request.

Quarantillo also told of the extensive information on TPS-related issues available on the USCIS website at www.USCIS.gov. Go to the Humanitarian section in the middle of the homepage and click on Haitian Earthquake Response to gain access to downloadable forms, helpful hints on applying and questions and answers in English, Creole and French.

There are also USCIS offices at 26 Federal Plaza in Manhattan and 711 Stewart Ave. in Garden City, LI. One can make an appointment via the website using Infopass, but walk-ins for Haiti-related issues will be accommodated at both locations without an appointment. The call center at 1 (800) 375-5283 has temporarily extended its hours to 8 am - 11 pm in order to better serve those affected by the earthquake.

Andrea Quarantillo also warned that applicants should be very careful to avoid immigration scams as they seek help applying for TPS because whenever a catastrophe such as this one strikes, there are even more unscrupulous consultants out there trying to take advantage of vulnerable people. Some of her pointers were:

The USCIS website contains useful information on how to avoid becoming a victim of immigration fraud and how to find reputable legal advice. Information is also available through the offices of the Governor, the Mayor, Congressman Gregory Meeks and City Councilmembers such as Mathieu Eugene, all of whom are offering assistance and directing people to reputable, accredited community and faith-based organizations qualified to help people – mostly free of charge – with filing.

Since there are people who, for various reasons, will be nervous about applying and concerned about being a fingerprinted, etc., it is highly recommended that applicants get help from experts at these organizations as they make their decision about whether TPS is right for them personally.