The Department of Homeland Security recently granted Temporary Protected Status (TPS) to Haitians because of the devastating earthquake that struck Haiti on January 12, 2010. TPS is a special temporary immigration status that allows certain Haitians to live and work in the U.S. for 18-months without fear of deportation. People who are granted TPS cannot be deported during the TPS period and cannot be held in immigration detention. TPS is only for Haitians who were living in the U.S. on or before January 12, 2010. If you arrived in the U.S. after January 12, 2010, you cannot apply for TPS. The deadline to apply for TPS is January 18, 2010.

Not everyone who is Haitian is eligible for TPS. TPS has very strict rules. If you have been convicted of a felony or two or more misdemeanors, you are not eligible for TPS, even if you just had to pay a fine or received a sentence of time served. Pleas of nolo contendere and withheld adjudication are convictions under immigration law. In addition arrests and/or a single conviction for drug-related crimes, prostitution, theft, or other, similar crimes as well as immigration fraud and other immigration violations may make someone ineligible for TPS or may require an additional waiver application. However, people with cases in immigration court or on appeal, or people with final removal orders are generally eligible for TPS, if they meet the other TPS eligibility requirements.