USCIS announced on March 3rd that it will extend Temporary Protected Status (TPS) for nationals of Haiti for an additional 18 months, through January 22, 2016. This is good news for all Haitian nationals present in the U.S. pursuant to TPS. See the full announcement here.
The extension of TPS also provides possibilities for nationals of Haiti who did not enter the U.S. legally but would otherwise be eligible to adjust status to permanent resident, such as those who have married a U.S. citizen, or who may have U.S. citizen children over the age of 21. TPS holders may apply for an Advance Parole Travel Document which would allow them to leave the U.S. and return. Under the Board of Immigration Appeals’s 2012 decision Matter of Arrabally and Yerrabelly, a departure made with a valid Advance Parole Travel Document does not trigger a 10-year bar on returning to the United States. Thus, the ongoing availability of TPS for nationals of Haiti may provide a path to applying for legal status for those who may otherwise adjust status.
