Temporary Protected Status (TPS) Program Introduced to Help Haitians in the US

Temporary Protected Status Program

The United States Department of Homeland Security has introduced a Temporary Protected Status, or TPS program to help Haitians living in the United States. No other significant weather event has impacted Haiti more than the tragic January earthquake, which was the reason for the introduction of the program. The government has also put a stop to the deporting of immigrants from Haiti who were previously been detained.

Conditions to Qualify for Temporary Protected Status Program

Haitian immigrants, who must have been on United States soil during the time of the earthquake, will be allowed a year-and-a-half (18 months) of Temporary Protected Status as well as authorization to work in the United States.

The United States government has taken similar action during prior catastrophic natural disasters, specifically for immigrants from countries such as El Salvador, Honduras, Somalia, Nicaragua and Sudan.

Restrictions for the Temporary Protected Status Program

The Department of Homeland Security has mentioned that TPS will not be extended to those found to be convicted of specific crimes, and more importantly in cases of US deportation the TPS will not apply.  In cases of criminality and deportation, it is important to consult with an immigration lawyer whether or not your would otherwise fall under the TPS category.

The USCIS should be commended for its TPS Program as a humanitarian gesture towards Haitian victims and their families.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

2 thoughts on “Temporary Protected Status (TPS) Program Introduced to Help Haitians in the US

  1. briana

    My boyfriend is Salvadorian and I want to know how I can help him get his work permit. Thank you.

    1. Alicia Kim

      Dear Briana,

      In order to get a Work Permit, you first need to have a job offer from a Canadian employer. Your Canadian employer then will have to apply for a Labour Market Opinion before s/he can hire you. A positive Labour Market Opinion will show that there is a need for the foreign worker to fill the job you offer and that there is no Canadian worker available to do the job. After obtaining a positive labour market opinion, you will be eligible to apply for a Work Permit.

      Obtaining a positive Labour Market Opinion entails proving that there is no Canadian worker available to fill the requirements of a particular position. Since the process involves a critical assessment of an employer’s needs and recruitment practices, it takes time and a lot of documentation before a decision is rendered. I suggest that you consult a qualified immigration lawyer to prepare a strong application package for you.


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