Temporary Protected Status Available for Haitian Immigrants; Watch for Scams

Some of this information was e-mailed to the department earlier in January.

As of January 12, 2010, the U.S. has granted Temporary Protected Status (TPS) for 18 months to Haitians who were already in the U.S. at the time of the earthquake. Immigrants need to apply for this status. Detailed information is available at the U.S. Citizenship and Immigration Services (USCIS) page TPS – Haiti, Questions and Answers (also available in French and Haitian Creole).

Individuals with TPS status still only qualify for Health Safety Net, or MassHealth Limited with Health Safety Net, so coverage is not any more comprehensive than what is available to undocumented immigrants. Still, there are other benefits to the TPS status (such as the ability to work legally and potentially prolong their stay in the U.S.), so it's important to encourage those who might be eligible to apply. Those who are undocumented should carefully read the USCIS page TPS – Haiti, Questions and Answers and speak to a immigration advocate before applying.

USCIS is also warning of possible scams and provides the following information and tips.

• You do not need to have an attorney or a representative to apply for temporary protected status
• A list of free or low-cost legal service providers and a list of BIA accredited representatives are available on our website at www.uscis.gov/haitianearthquake.
• All USCIS forms are available at no charge on www.uscis.gov/forms or by calling the USCIS Forms hotline at (800) 870-3676.
• Applications for temporary protected status cannot be submitted online.
• The fee to submit Form I-821, Application for Temporary Protected Status, is $50. A biometrics fee of $80 is also required. The fee to file Form I-765, Application for Employment Authorization, is $340. If you cannot afford the fees, a fee waiver may be available.
• DO NOT sign any blank papers or documents that you do not understand
• DO NOT sign any documents that contain false or inaccurate information
• DO NOT let anyone keep your original documents
• DO NOT pay more than a nominal fee to someone who is not an attorney or make payments on the internet
• DO make photocopies of all documents prepared or submitted for you
• DO get a receipt any time you pay someone to assist you in completing or submitting forms
• DO verify that your attorney is licensed or your representative is accredited by BIA

For additional information on how to avoid becoming a victim of an immigration scam and how to verify whether an attorney is licensed or a representative is accredited by BIA, please visit the “Don’t Be a Victim of Immigration Fraud” and “Finding Legal Advice” links at www.uscis.gov/haitianearthquake.

-From “State health coverage for Haitian patients” e-mail from Kim Simonian, MPH, Associate Director, Patient Access, Partners HealthCare Community Benefit Programs, January 21, 2010 and “ USCIS Responds to Haiti Earthquake”, Statement By Homeland Security Secretary Janet Napolitano, posted January 15, 2010 , http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3449a57d86766210VgnVCM100000082ca60aRCRD&vgnextchannel=9cf75869c9326210VgnVCM100000082ca60aRCRD retrieved 1/27/10.

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