Eligible Haiti Nationals Reminded to Re-register for Temporary Protected Status by November 30, 2012

Eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who currently have Temporary Protected Status (TPS) must  re-register for TPS by November 30, 2012. Failure to re-register by this deadline may result in the loss of your TPS status. If you re-register after November 30 2012, you must provide good reason you could not re-register on time such as hardship due to Hurricane Sandy.

Details and procedures for re-registering for TPS are provided on the USCIS website and in the Federal Register notice announcing the extension of TPS for Haiti.

TPS was originally designated for Haiti in January 2010 in response to a catastrophic earthquake that devastated that country. TPS was re-designated in May 2011 (effective July 2011). The current 18-month extension of TPS for Haiti will remain in effect through July 22, 2014.

Also, if you have applied for and are awaiting a new Haiti TPS-related Employment Authorization Document (EAD), your current EAD, set to expire on January 22, 2013, has been automatically extended for 6 months. The 6-month auto-extension of EADs runs through July 22, 2013, as described in the Federal Register published on October 1, 2012 (77 FR 59943). These auto-extended EADs have “A12” or “C19” listed under “category” on the front of the card and an expiration date of January 22, 2012.

When providing proof of employment eligibility remember to provide both your EAD with the January 22, 2012 expiration date and a copy of the October 1, 2012 Federal Register notice to your employer.  For further guidance for employers and employees, please refer to the USCIS Web page, "Documentation Employers May Accept and Temporary Protected Status Beneficiaries May Present as Evidence of Employment Eligibility."

For more information on TPS, visit www.uscis.gov/tps. For additional information, applicants may also contact USCIS at 1-800-375-5283.

Online I-9 Central Now Available in Spanish

On October 4, 2012, U.S. Citizenship and Immigration Services (USCIS) launched a Spanish-language version of I-9 Central, an online resource center designed to provide information and assistance related to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification. This free, easy-to-use website provides employers and employees simple one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process.

"The release of the Spanish I-9 Central reflects our continued commitment to provide vital, accessible information to our multilingual customers,” said USCIS Director Alejandro Mayorkas. “Since its launch last year, I-9 Central has provided the public with a much needed resource to help them navigate the employment eligibility verification process.”

The launch of the Spanish I-9 Central is the most recent in a series of resource guides related to USCIS employment-related forms and processes. These resources include E-Verify Self Check, a service that allows workers and job seekers in the United States to check their own employment eligibility status online, and an updated “Handbook for Employers: Instructions for Completing Form I-9.". Both are also offered in Spanish.

I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization. I-9 Central also includes a discussion of common mistakes to avoid when completing the form, guidance on how to correct errors, and answers to employers’ recent questions about the Form I-9 process.

By law, U.S. employers must verify the identity and employment authorization for every worker hired after Nov. 6, 1986, regardless of the employee’s immigration status. To comply with the law, employers must complete and retain Form I-9.

I-9 Central en Espanol

Temporary Protected Status Period Extended for Haiti

Secretary of Homeland Security Janet Napolitano has extended Haiti’s Temporary Protected Status (TPS). The Department of Homeland Security published a notice in the Federal Register announcing this decision the week of Monday, September 24, 2012.

The Federal Register notice provides additional guidance on:

               Who is eligible for TPS;

               How to re-register if you have TPS;

               When to begin filing TPS applications;

               How to request an Employment Authorization Document (EAD);

               Six-month automatic extension of current EADs;

               TPS fees and fee waiver procedures; and

               Other TPS-related information.

NOTE: The 60-day re-registration period for current Haiti TPS beneficiaries will begin on the day the Federal Register notice publishes.  Individuals who have not continuously resided in the United States since Jan. 12, 2011 will not be eligible.

Refugees in the U.S.

Under United States law, a refugee is someone who:

·         Is located outside of the United States

·         Is of special humanitarian concern to the United States

·         Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group
Is not firmly resettled in another country

·         Is admissible to the United States

A refugee does not include anyone who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.

For the legal definition of refugee, see section 101(a)(42) of the Immigration and Nationality Act (INA).

The Refugee Process

You must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee.

If you receive a referral, you will receive help filling out your application and then be interviewed abroad by a USCIS officer who will determine whether you are eligible for refugee resettlement.

Your case may include your spouse, child (unmarried and under 21 years of age), and in some limited circumstances, other family members. If your case is referred to the USRAP, you will receive help filling out your paperwork. You will be interviewed abroad by a USCIS officer who will determine whether you are a refugee.

There is no fee to apply for refugee status. The information you provide will not be shared with your home country.

Coming to the United States

If you are approved as a refugee, you will receive a medical exam, a cultural orientation, help with your travel plans, and a loan for your travel to the United States. After you arrive, you will be eligible for medical and cash assistance.

Bringing Your Family to the United States

If you are a refugee in the United States and want your family members who are abroad to join you, you may file Form I-730, Refugee/Asylee Relative Petition, for your spouse and unmarried children under 21. You must file within two years of your arrival to the United States unless there are humanitarian reasons to excuse this deadline.

You may also be eligible to file an Affidavit of Relationship for your spouse, child (unmarried, under 21), or parents. The Affidavit of Relationship is the form used to reunite refugees and asylees with close relatives who are determined to be refugees but are outside the United States. The Affidavit of Relationship records information about family relationships and must be completed in order to begin the application process for relatives who may be eligible to enter the United States as refugees through the U.S. Refugee Admissions Program.

Working in the United States

As a refugee, you may work immediately upon arrival to the United States. When you are admitted to the United States you will receive a Form I-94 containing a refugee admission stamp. Additionally, a Form I-765, Application for Employment Authorization, will be filed for you in order for you to receive an Employment Authorization Document (EAD). While you are waiting for your EAD, you can present your Form I-94, Arrival-Departure Record, to your employer as proof of your permission to work in the United States.

Filing for a Permanent Residency (Green Card)

If you are admitted as a refugee, you must apply for a green card one year after coming to the United States. To apply for permanent residency, file the Form I-485, Application to Register Permanent Residence or to Adjust Status. There is no fee for refugees to file the Form I-485. In addition, refugees do not have to pay for fingerprinting/biometrics fees.

Traveling Abroad

If you have refugee status and want to travel outside the United States, you will need to obtain a Refugee Travel Document in order to return to the United States. If you do not obtain a Refugee Travel Document in advance of departure, you may be unable to re-enter the United States. If you return to the country from which you fled, you will have to explain how you were able to return safely.

Employment Authorization Cards and Citizenship Certificates Now More Fraud-Proof

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new features to strengthen security and deter fraud on October 25, 2011.

As part of USCIS’s ongoing efforts to enhance the integrity of the immigration system, the state-of-the-art technology incorporated into the new documents will deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication. USCIS began issuing the new EADs today and will begin using the redesigned certificates on October 30. The agency anticipates that more than 1 million people will receive the new documents over the next year.

"These enhanced documents are more secure than ever," said Director Mayorkas. "They advance our efforts to safeguard against fraud and protect the integrity of the immigration system."

The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States.

USCIS worked closely with the Immigration and Customs Enforcement Forensic Document Laboratory to incorporate technology and tactile features in order to deter fraud and facilitate card authentication.

Additionally, USCIS employs a new and more secure printing process for its redesigned Certificate of Citizenship that renders the certificate more tamper-proof.

Although the look and feel of the documents is new, the manner in which an applicant applies for and receives them will not change. USCIS will replace EADs already in circulation as individuals apply for their renewal or replacement. All previously issued EADs remain valid until the expiration date printed on the card. Previously issued Certificates of Citizenship remain valid indefinitely.

These improvements demonstrate USCIS’s ongoing efforts to produce more secure documentation. In 2010, USCIS issued the new Permanent Resident Card, which added security features to the physical card and integrated technology improvements in the card production process. Additionally, USCIS launched the redesigned Certificate of Naturalization (Form N-550) featuring the naturalization candidate’s digitized photo and signature embedded into the document. USCIS will continue to enhance document security features as technology improves.