Haitian Orphans and Temporary Protected Status
The most vulnerable of the victims of the devastating earthquakes, Haitian orphans may be catching a much-needed break from the US Citizenship and Immigration Service (“USCIS”). According to a USCIS memo dated January 15, 2010, Haitian orphans who have final orders of adoption by a U.S. citizen parent, or whose custody has been granted to U.S. citizens for the purpose of emigration and adoption, but who would otherwise have to wait a very long time for their visa to emigrate to the US, will be considered for humanitarian parole. (See http://www.uscis.gov/USCIS/Laws/Memoranda/2010/haiti-field-guidance.pdf for more information.) Humanitarian parole allows the orphan to proceed to the US without a visa and is reserved for the most extraordinary circumstances. In its memo, the USCIS states that humanitarian parole may be granted for other categories of Haitian orphans, too.
Also on January 15, 2010, Janet Napolitano, Secretary of the Department of Homeland Security, announced that Haitians present in the U. S. on January 12, 2010, will be eligible to apply for Temporary Protected Status. This designation is valid for eighteen months, and will allow eligible Haitians to continue to live and work in the U.S. for that period of time. Haitians who enter the U.S. after January 12, 2010, will not be eligible for this relief. Our office has experience handling TPS registration applications. Please contact us if you need assistance in this process.
As we get more information, the blog will be updated.
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Joseph J. Dehner Joe Dehner concentrates his practice on multinational business and securities disputes. He counsels a wide variety of companies, domestic and foreign, on issues confronting global business, including transnational investment, mergers and acquisitions, joint ventures, customs and trade issues, international business structures, distribution and agency agreements and the resolution of international disputes.