Haitian TPS: Eligibility, Filing, and Court Status

Haitian TPS remains in effect right now because of a federal court order. On February 2, 2026, the U.S. District Court for the District of Columbia stayed the Department of Homeland Security’s scheduled termination of Temporary Protected Status for Haiti, meaning eligible Haitian nationals keep their protected status and work authorization while the case moves forward.¹ The July 2024 redesignation had set a continuous residence date of June 3, 2024, and originally ran through February 3, 2026.² The stay is not a final ruling, and the situation can change.

Where Things Stand After the Court Order

DHS published a Federal Register notice on November 28, 2025, terminating Haiti’s TPS designation effective February 3, 2026.³ The day before that termination would have taken effect, the district court blocked it in Miot et al. v. Trump et al., finding the termination arbitrary and capricious, contrary to the TPS statute, and a violation of the Fifth Amendment’s equal protection guarantee.¹

The practical effect: Employment Authorization Documents issued to Haitian TPS holders with category codes A12 or C19 stay valid regardless of the expiration date printed on the card. USCIS has told employers and agencies to check the TPS Haiti page for updates because the protection depends on how the litigation develops.¹

A stay can be modified or overturned on appeal. If you hold Haitian TPS, keep your documentation current and think about longer-term options rather than treating the stay as permanent.

Who Qualifies

Residence and Physical Presence Dates

Under the July 2024 redesignation, new applicants must have been continuously residing in the United States since June 3, 2024, and continuously physically present since August 4, 2024.⁴ Those are two separate requirements. Continuous residence means you maintained your home here without significant interruption. Continuous physical presence means you were actually in the country from that date on.

Short trips abroad don’t automatically disqualify you. Federal regulations recognize a “brief, casual, and innocent” absence: the trip was short, had a legitimate purpose, wasn’t the result of a removal or voluntary departure order, and didn’t involve unlawful activity abroad.⁵ You have to prove the trip met those criteria. Keep boarding passes, receipts, and any records that show when you left, when you returned, and why.

Nationality

The designation covers Haitian nationals and stateless people whose last habitual residence was Haiti.²

Criminal and Security Bars

You cannot receive TPS if you have been convicted of any felony or of two or more misdemeanors committed in the United States.⁶ There is no discretionary waiver for those bars. Separate security-related grounds, including involvement in persecution or terrorist activity, also result in automatic denial.⁷ USCIS runs background checks on every applicant, so undisclosed convictions surface.

Documents to Gather

Identity and Nationality

A valid Haitian passport is the strongest evidence. A national identity card or a birth certificate paired with government-issued photo ID also works. If you have none of these, USCIS allows secondary evidence: church records, school records, or sworn affidavits from people who can vouch for your identity and nationality.⁸ Include a written explanation of why primary documents are unavailable. Don’t just omit them.

Residence and Physical Presence

Show you were living in the U.S. on or before June 3, 2024, and physically present on or before August 4, 2024.⁴ Useful documents include leases, utility bills, pay stubs, employment records, school enrollment records, medical records, and bank statements. Overlapping documents across the qualifying period make for a stronger case. You can retrieve your I-94 arrival/departure record from the CBP website.⁹

How to File

Forms

The core application is Form I-821, Application for Temporary Protected Status. If you want work authorization, file Form I-765, Application for Employment Authorization, at the same time.¹⁰ Filing the I-765 is optional, but without it you have no proof of authorization to work.² Form I-821 can be submitted online through the USCIS portal or on paper by mail to a USCIS Lockbox.¹¹

Fees and Fee Waivers

Filing involves fees for the I-821, the I-765 if you request work authorization, and a biometrics services fee. The 2024 USCIS fee rule eliminated the separate biometrics fee for most immigration applications but kept it for TPS.¹² Fee amounts change, so check the USCIS fee calculator before filing.

If you can’t afford the fees, submit Form I-912, Request for Fee Waiver. You qualify by showing you receive a means-tested government benefit, that your household income is at or below 150 percent of the federal poverty guidelines, or that you face financial hardship preventing payment.¹³ Send the waiver request with your application. If USCIS denies it, they’ll give you a chance to pay.

Re-Registration if You Already Have TPS

Existing TPS holders must re-register during the designated window to keep status. For the July 2024 extension, the 60-day re-registration period ran from July 1 through August 30, 2024. Re-registrants file the same Form I-821 without the I-821 application fee, though the biometrics fee still applies unless waived. If your I-821 or I-765 was pending on July 1, 2024, you didn’t need to refile.² Missing a re-registration deadline is a common way people lose TPS. If you missed the window, talk to an immigration attorney right away about whether late filing is possible.

After You File

USCIS sends a receipt notice with a case number once the application is accepted. Track your case through the USCIS online status tool. You’ll then receive a notice for a biometrics appointment at a local Application Support Center, where USCIS collects fingerprints and a photograph for background checks. Do not miss it. Failing to appear can lead to denial. Processing times vary by office and volume. If USCIS sends a Request for Evidence, treat the deadline as immovable.

Working and Getting a Social Security Number

An approved I-765 produces an Employment Authorization Document. Under the current court order, EADs for Haitian TPS holders with category codes A12 or C19 remain valid even past the printed expiration date.¹ If an employer questions the card, point them to the USCIS I-9 Central guidance on TPS.¹⁴

You can request a Social Security number on Form I-765 itself by completing the SSN section. If your work authorization is approved, USCIS sends the information to the Social Security Administration and you should receive your SSN card about two weeks after your EAD arrives.¹⁵ If you didn’t request an SSN when filing, visit a local Social Security office with your EAD and birth certificate.

Traveling Abroad Without Losing TPS

Leaving the country without prior USCIS authorization will almost certainly end your TPS. Before any international trip, file Form I-131, Application for Travel Documents, and wait for approval.¹⁶ If approved, USCIS issues Form I-512T, which authorizes travel and re-entry as a TPS beneficiary. If your initial TPS application is still pending, you receive Form I-512L (advance parole) instead.

Travel authorization can matter beyond keeping your TPS. When you return with an approved I-512T and are inspected at a port of entry, USCIS treats that as an “admission.” For TPS holders who originally entered without inspection, that admission can be the piece that later allows adjustment of status without leaving the country for consular processing.

Whether TPS Leads to a Green Card

TPS by itself does not lead to a green card or citizenship. It is temporary protection. TPS holders who separately qualify for permanent residency through a family relationship or employer sponsorship can pursue that path, but TPS alone is not the ticket.

The main obstacle for many Haitian TPS holders is the admission requirement. Adjustment of status applicants must have been “inspected and admitted or paroled” into the United States. The Supreme Court confirmed in Sanchez v. Mayorkas (2021) that a grant of TPS alone does not count as an admission. If you originally entered without inspection, TPS didn’t cure that.

Since July 2022, USCIS policy has treated TPS holders who travel abroad with an approved I-512T and return through a port of entry as inspected and admitted. That can satisfy the threshold for adjustment under INA Section 245(a), even for someone with no prior lawful entry. Even then, you still need a qualifying immigrant visa category, immediate visa availability, and admissibility. TPS holders who accrued unlawful presence before receiving TPS may face additional bars under INA Section 245(c), though immediate relatives of U.S. citizens are generally exempt. This is complex enough to warrant an experienced immigration attorney.

Watching the Case

The stay keeping Haitian TPS in force could be modified, extended, or overturned. USCIS advises TPS holders and their employers to monitor the official TPS Haiti page for updates.⁴ Keep copies of every filing, every receipt notice, and every EAD, including expired ones. If the legal picture shifts, a complete paper trail protects you.

1
U.S. Citizenship and Immigration Services. Update on Termination of Temporary Protected Status for Haiti – Release March 13, 2026
2
Federal Register. Extension and Redesignation of Haiti for Temporary Protected Status
3
Federal Register. Termination of the Designation of Haiti for Temporary Protected Status
4
U.S. Citizenship and Immigration Services. Temporary Protected Status Designated Country: Haiti
5
eCFR. 8 CFR 244.1 – Definitions
6
Office of the Law Revision Counsel. 8 USC 1254a – Temporary Protected Status
7
eCFR. 8 CFR Part 244 – Temporary Protected Status for Nationals of Designated States
8
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 4 Part C Chapter 4 – Documentation and Evidence
9
U.S. Customs and Border Protection. I-94/I-95 Website
10
U.S. Citizenship and Immigration Services. I-821, Application for Temporary Protected Status
11
U.S. Citizenship and Immigration Services. Temporary Protected Status
12
U.S. Citizenship and Immigration Services. 2024 Final Fee Rule
13
U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
14
U.S. Citizenship and Immigration Services. Temporary Protected Status and Deferred Enforced Departure
15
Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit and/or Lawful Permanent Residency
16
U.S. Citizenship and Immigration Services. I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records