[Federal Register: July 13, 2010 (Volume 75, Number 133)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2491-10; DHS Docket No. USCIS-2010-0002]
Extension of the Initial Registration Period for Haitians Under
the Temporary Protected Status Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
SUMMARY: On January 21, 2010, the Secretary of the Department of
Homeland Security designated Haiti under the Temporary Protected Status
(TPS) program for a period of 18 months. DHS established a 180-day
registration period (from January 21, 2010, through July 20, 2010).
This notice extends the registration period through January 18, 2011.
This extension is necessary to provide applicants more time to register
DATES: DHS designated Haiti for TPS on January 21, 2010. The
registration period that was to expire on July 20, 2010, will be
extended for 180 days, with a new filing deadline of January 18, 2011.
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS Web Site at http://www.uscis.gov. Select ``Temporary
Protected Status'' from the homepage under ``Humanitarian'' benefits.
You can find detailed information about Haitian TPS registration on our
Web Site at the Haitian Questions & Answers Section under TPS.
You can also contact the TPS Operations Program Manager,
Status and Family Branch, Service Center Operations Directorate, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529-2060, telephone
(202) 272-1533. This is not a toll-free call. Note: The phone number
provided here is solely for questions regarding this TPS notice. It is
not for individual case status inquiries. Applicants seeking
information about the status of their individual cases can check Case
Status Online available at the USCIS Web Site (http://www.uscis.gov),
or call the USCIS National Customer Service Center at 1-800-375-5283
When did the Secretary designate Haiti under the TPS program?
On January 21, 2010, the Secretary of Homeland Security (Secretary)
designated Haiti under the Temporary Protected Status (TPS) program for
a period of 18 months. See 75 FR 3476 (January 21, 2010).
What is the Secretary's authority to extend the registration period?
The Immigration and Nationality Act (INA) authorizes the Secretary
to provide TPS applicants with a registration period of ``not less than
180 days'' and requires applicants to register to the extent and in a
manner which the Secretary establishes. See INA sec. 244(c)(1)(A)(iv),
8 U.S.C. 1254a(c)(1)(A)(iv). DHS initially set the registration period
for Haiti for 180 days, from January 21, 2010, through July 20, 2010.
The Secretary is extending the registration period for an
additional 180 days, through January 18, 2011.
Why is the Secretary extending the registration period?
The Secretary is extending the registration period to provide
additional time to register for TPS. The Secretary has been advised
that eligible individuals have not yet applied for several reasons;
among them is that, due to the devastation in Haiti, Haitian nationals
are having difficulty obtaining documents that establish their
nationality and identity and are relevant to the TPS application
process. It also takes time for many eligible individuals to gather
together the funds needed to apply for TPS or, in the alternative, to
learn fully the guidelines and procedures for fee waivers. This
extended registration period will allow further time needed for
eligible individuals to prepare their applications in light of these
What documents do I need to submit with my TPS application?
All TPS applicants must file Form I-821, Application for Temporary
Protected Status, and Form I-765, Application for Employment
Authorization, regardless of whether they are seeking employment
authorization. All TPS applicants must also submit evidence of their
Haitian nationality. Applicants who have no nationality, but whose last
habitual residence was in Haiti, must submit evidence of such residence
in Haiti. Lastly, all TPS applicants must submit evidence of their
continuous residence in the United States since January 12, 2010, and
continuous physical presence in the United States since January 21,
2010. A discussion of the required fees, supporting documents, and
qualifying dates, is found in the Federal Register Notice announcing
the designation of Haiti for TPS. See 75 FR 3476 (January 21, 2010).
When is my TPS application due?
All applications must be received by USCIS on or before January 18,
2011. To be considered properly filed, your application, along with the
appropriate fee or a fee waiver request, must be received at the
address listed in the Federal Register Notice announcing the
designation of Haiti for TPS. See 75 FR 3476 (January 21, 2010).
What happens to an application that is submitted without the proper fee
or the fee waiver request is denied?
Applications submitted without the proper fee will be rejected and
returned to the applicants. USCIS will also reject and return any
application where it has denied a fee waiver request. The fee waiver
denial notice will contain specific instructions about resubmitting
If my TPS application was rejected because my fee waiver request was
denied, how long do I have to re-apply?
If USCIS rejected your TPS application because your fee waiver
request was denied (including those instructed to re-file within 45
days), you may re-file your application with the required fees or a new
fee waiver request at any time so long as it is received no later than
the January 18, 2011 deadline.
In addition, if your TPS application package is received on or
before January 18, 2011, and your fee waiver request is denied on or
after December 3, 2010, you will be given 45 days from the date of the
denial to re-file your application package with the required fee or a
new fee waiver request. In that case, your application package will be
considered timely filed provided the application package is received
within 45 days of the date of the fee waiver denial notice. If your
resubmitted TPS application package is received after January 18, 2011,
and contains a new fee waiver request that is denied, your application
will be rejected and you will be ineligible to register for TPS due to
the expiration of the registration period.
The 45-day accommodation ensures that applicants who request a fee
waiver during the period immediately before the application period
closes, but whose fee waiver requests are denied, will have opportunity
to amend their fee waiver requests or submit the required fees.
Additionally, the 45-day accommodation is consistent with the
applicable regulations, which state that a TPS application shall be
filed during the registration period established by the Secretary of
Homeland Security. See 8 CFR 244.7(b). The TPS registration period is
prescribed by notice in the Federal Register, and this notice serves to
extend the registration period.
If my TPS application was rejected due to incomplete information, can I
re-apply during the registration extension?
Yes. If your application was rejected due to incomplete
information, you may re-file your completed application, addressing all
of the deficiencies cited in the rejection notice, and include the
proper fees or fee waiver request by January 18, 2011. Please note that
a rejected application is different from a TPS application that has
been denied on the merits where USCIS has informed the applicant that
he or she is not eligible for TPS. If your TPS application was denied,
you may seek review of that decision as described in the USCIS denial
[FR Doc. 2010-17116 Filed 7-12-10; 8:45 am]
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