TEMPORARY PROTECTED STATUS for HAITI
        
January 14, 2010                                                             CLICK HERE:   TPS in    CREOLE  ~~

The Department of Homeland Security (DHS) Secretary, Janet Napolitano, has determined that an 18-month designation of Temporary Protected Status (TPS) for Haiti is warranted because of the devastating earthquake and aftershocks which occurred on January 12, 2010. As a result, Haitians in the United States (and other individuals without nationality who last habitually resided in Haiti) are unable to return safely to their country. DHS will continue to work with other branches of the United States Government to closely monitor developments in Haiti to determine the need for additional action. United States Citizenship and Immigration Services (USCIS) will efficiently and timely process immigration applications for TPS filed by nationals of Haiti. Further detailed information will be posted in the Federal Register Notice announcing the Secretary’s decision to designate Haiti. DHS estimates that approximately 100,000 to 200,000 individuals will be eligible for TPS.
You are welcome to schedule a consultation, Please click here:  CONTACT US 
Fill out the form and call us.  (212) 227-8020.
 
USCIS - The situation in Haiti,
Responds with a new information update:
On February 23, 2010, U.S. Citizenship and Immigration Services released: 
Questions and Answers: Information for Adoptive Parents of Paroled Haitian Orphans
(Obtaining Lawful Permanent Residence (LPR) Status and U.S. Citizenship), this contains the
 "Next Steps for Obtaining LPR Status".
 
If you are unable to locate an answer to your adoption questions after reviewing our website,
please call John A.Nicelli Esq. (212) 227-8020 or you can fill out our form to schedule a consultation,  
click here: FORM

U.S. Citizenship and Immigration Services has published information on How to Schedule An
Appointment for an Orphan Screening at the U.S. Embassy in Port au Prince.  For further
information click here:  SCHEDULE

In response to the situation in Haiti, USCIS will continue to offer expanded live assistance hours,
however, this service will be modified to  8AM - 8PM local time Monday through Friday.
 Last updated: (USCIS - Feb.26, 2010)

Haiti Adoptions information click here: ADOPTION

 Join the conversation about Haiti and TPS on USCIS official blog, "The Beacon",
 click here:  BEACON BLOG

TPS for HAITI:

Questions and Answers
1. What is Temporary Protected Status? TPS is a temporary immigration status granted to eligible nationals of a certain country (or persons without nationality who last habitually lived in that country) designated by the Secretary of Homeland Security because that country has experienced temporary negative conditions, such as armed conflict or an environmental disaster, that prevent nationals of the country from returning safely or for the country to handle their return adequately. TPS beneficiaries are allowed to remain in the United States and can legally work for a set time period. (See Section 244 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1254a.)

2. I am a Haitian national; currently I cannot return to Haiti due to the earthquake and would like to apply for TPS. Am I eligible to apply for TPS?
To qualify, you must: 
• Be a national of Haiti, or a person without nationality who last habitually resided in Haiti;
• Have continuously resided in the U.S. since January 12, 2010.
• Have been continuously physically present in the U.S. since the date of the Federal Register Notice
  publication which will be Jan. 21, 2010 ,
• Meet certain immigrant admissibility requirements, and other TPS eligibility requirements
  (See  INA § 244(c), 8 U.S.C. § 1254a and 8 C.F.R. §§ 144.2-244.4.)
• Satisfactorily complete all TPS application procedures as described in the Federal
  Register notice announcing Haitian TPS, the TPS application instructions (Form I-821), and 
  regulations at 8 C.F.R. §§ 244.6 - 244.9.

3. I am a Haitian national; when can I submit my initial application for TPS?
The registration period will start on the date the Federal Register notice is published and
continue for 180 days from that date. You must file during the 180-day registration period. Your application will be considered as being properly filed if it is postmarked on or before the last day of the registration period.

4. I am a Haitian national; how do I apply for TPS?
You must register by filing both an Application for Temporary Protected Status
 (Form I-821) and an Application for Employment Authorization (Form I-765), with any appropriate 
 fees.
• If you are Applying for initial TPS and you are between the ages of 14 and 65 (inclusive) -and 
  You are applying for a TPS-related EAD - Then, You must submit the $50 FormI-821 application
  fee and - You must submit the $340 Form I-765 application fee. 
• Applying for initial TPS and you are under age 14 or over age 65 - and - You are applying for aTPS
  related EAD - Then, You must submit the $50 Form I-821 application fee and - You do not need to 
  submit the Form I-765 application fee.
• Applying for initial TPS, regardless of age - and - You are not applying for a
 TPS-related EAD - Then, You must submit the $50 Form I-821 application fee and - You do not need
 to submit the Form I-765 application fee.

• You must use the version of Form I-821 dated 10-17-2007 or later and the version of Form I-765 dated 5-27-2008 or later. Failure to use these versions of the forms may result in rejection of your applications.

• You must take care in filling out the forms and ensure that all questions are answered.
Failure to completely answer any questions may result in a delay of case processing.
• If you are age 14 or over: you must also pay an $80 biometric fee, or submit a fee waiver request.
• You should not file your application prior to the date of the Federal Register notice publication.

5. Where can I obtain the necessary forms for TPS? Calling John A.Nicelli or selecting Forms on the  
      USCIS Web site: . http://www.uscis.gov/portal/site/uscis

6. I am a Haitian national applying for TPS; what is the filing fee to apply for TPS?
• The fee for Form I-821 is $50.
• A separate $80 biometric fee is required if you are age 14 or older.
• A $340 fee must accompany Form I-765 for employment authorization if you are age 14 to 65. o If you do not require employment authorization, Form I-765 is still required but no fee is necessary.

7. What if I cannot afford to pay for filing and/or biometrics fees? You may request a waiver of TPS- related application fees and/or the biometrics fee by submitting a fee waiver request with proper documentation of inability to pay. Such documentation would include:

• Receiving a federal/statement benefits that is determined by your level of income, or
• Evidence of household income that is below Federal poverty guidelines; or
• Evidence of extraordinary expenses incurred when compared to income such as high medical bills

Fee waivers may also be given for humanitarian reasons such as disability, homelessness or age. Documentation must also be provided to support these claims. All documentation must be in English or translated into English. An individual who requests a fee waiver must state exactly which fees (e.g., Form I-821 application fee, Form I-765 application fee; and/or the biometrics services fee) he or she wants waived. In order to obtain a fee waiver, you must submit, with these forms, a written statement, made under oath, affirmation, or pursuant to 28 USC 1746, under penalty of perjury. In the written statement you must state that you believe you are eligible for TPS and that you want the fees waived. You must also explain why you are unable to pay the required fees.

8. What type of basic supporting documentation must I submit? The filing instructions for Form I-821, list all the documents needed to establish basic eligibility for TPS.
• In addition, you must submit two color passport-style photographs of yourself and
evidence that you meet the basic eligibility requirements for TPS to include evidence that you:
• are a national of Haiti or a person with no nationality who last habitually resided in Haiti (such as a copy of your passport or birth certificate);
• continuously resided in the United States since January 12, 2010; and
• have been continuously physically present in the United States since the date of the publication of the Federal Register Notice.

9. Do I need to submit any additional supporting documentation? Depending on the nature of the question(s) you are addressing, additional documentation alone may be sufficient, but usually a written explanation will also be needed.  

 10. What if I cannot get the documentation proving that I am a Haitian national because of the devastation in my country? To prove that you are a national of Haiti, you can submit either a copy of your Haitian passport or a copy of your birth certificate, showing that you were born in Haiti. We expect that most Haitian TPS applicants should have a passport and may submit a copy of it even if it has expired. If you do not have a Haitian passport and are unable to obtain your birth certificate from Haiti, you will need to submit secondary evidence. This secondary evidence can be any other documentation you already have in your possession from Haiti, showing that you are a national or citizen of Haiti. Secondary evidence can also be in the form of your baptismal certificate from Haiti, sworn affidavits from close family members providing the specific details of the date and place of your birth and how they know this information. If any document is not in English it must be accompanied by an English translation. The person translating the document must certify that he or she is competent in English and the foreign language from which the document is translated and that the translation is true and correct to the best of his or her ability, knowledge and belief. If you are a person with no nationality that last habitually resided in Haiti, you must show that you are stateless. That is, that you have no nationality at all. You must submit a statement explaining why you are stateless. You must also submit any documentation you may have from Haiti showing that you last habitually resided there. If that documentation is not available, you may submit sworn affidavits from close friends and family members who have direct knowledge of your residence in Haiti. Again, any documents not in English must be accompanied by a certified English translation.

11. How do I prove continuous physical presence and continuous residence in the United States? There are a number of different types of documents that you can submit proving your continuous residence in the United States since January 12, 2010 and your continued physical presence in the United States since the date the Federal Register notice was published designating Haiti for TPS. For example, you can submit job letters from your current and former employers showing where you have worked, rent receipts, payroll stubs, bank statements, school records, or any other documents you may have showing your continuous physical presence and continuous residence in the U.S

12. Where do I submit my TPS package applications? This information will become available after the Federal Register notice is published. Please do not try to file your applications prior to that date.

13. Can I apply electronically via the Web? No, you cannot file electronically. Electronic filing is not available for initial TPS registrations.

14. I am a Haitian national who has applied for TPS. What should I do if I am scheduled for an appointment at the Application Support Center (ASC) but am unable to make my appointment? If you are unable to appear for your ASC appointment, your application may be denied for abandonment.

15. How do I reschedule my ASC appointment for biometrics? To request rescheduling of an ASC appointment, please make a copy of your appointment notice to retain for your records, then mail the original notice with your rescheduling request to the ASC address listed on the notice. A new appointment notice will be sent to you by mail. Please note that rescheduling a biometrics appointment may cause the adjudication of your applications to be delayed.

16. Will I receive authorization to work? What documents do I use as proof of employment authorization? After you file your Form I-765, Application for Employment Authorization (EAD), and Form I- 821, and pay the appropriate fees (or you are granted a fee waiver), USCIS will review your applications. Once this preliminary processing has been completed, you will be issued an Employment Authorization Document. USCIS will not grant employment authorization until after your biometrics are collected at an ASC and a background check is performed. Once we have completed processing your TPS application, you will receive a written notice of our decision. If you have obtained an EAD you may present your valid EAD to an employer as proof of employment authorization and identity.
• You may also present any other legally acceptable document or combination of documents listed on the Form I-9 as proof of identity and employment eligibility. 

17. I am a national of Haiti; I arrived in the United States after January 12, 2010. Am I eligible for TPS?  No. To be eligible for benefits, nationals of Haiti (or persons having no nationality who last habitually resided in Haiti)  must have continuously resided in the United States since Jan.12, 2010.

18. Can I use TPS as a basis for obtaining permanent resident status?  No. TPS is a temporary benefit that does not lead to lawful permanent resident status by itself or confer any other immigration status.

19. May I apply for another immigration benefit while registered for TPS? Yes. Registration for TPS does not prevent you from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.

20. How does an application for TPS affect my application for asylum or other immigration benefits? An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa.
• Denial of an application for asylum or any other immigration benefit does not affect an alien’s ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. (For example, an alien who has been convicted of an aggravated felony is not eligible for asylum or TPS.) If a person who has been granted TPS has a family or employment -based petition approved on his/her behalf and a priority date that is current, he/she can only adjust status in the United States if he/she was inspected and admitted, or paroled, and (with few exceptions) has maintained lawful status while in the United States. If he/she entered the United States illegally or fell out of a legal status before or after having TPS, he/she may be ineligible to adjust status in the United States. For adjustment purposes, the time that a person is in TPS is considered as a period of lawful non-immigrant status, but merely having TPS does not “cure” all other periods of time before and after TPS when the person may not have had lawful status.
 
21. Can I obtain a travel document to travel outside the U.S. and return? If I violate the terms and conditions of my status or have been in the U.S. without lawful status and then leave the U.S., will I be able to come back? If you are granted TPS, you may apply for advance parole by filing Form I-131, Application for Travel Document. If approved, you’ll be given an advance parole document. An advance parole document allows you to depart the U.S. and re-enter as long as the advance parole document remains valid.
• Advance parole cannot be granted for longer than the period of time your country is designated for TPS.
• Advance parole is within the discretion of DHS and is not guaranteed. Any violation of immigration law can affect your eligibility to reenter the U.S. In some instances failure to obey the law may permanently bar your return. This is true even if you have a visa, advance parole or other document, or at some point otherwise become eligible for status. USCIS will not make a determination as to whether you may be inadmissible in advance, even if you apply for an advance parole.
• The best way to ensure that you will not have a problem is to make sure you meet your commitment, and as a guest of the U.S., ensure that you fully understand the terms and conditions of your status, and do not violate them. If you believe you may have violated your status, you may want to seek legal advice about the possible impact on your ability to reenter the U.S. in the future.
• You may also want to seek legal advice if you have been illegally present in the U.S. at any time and you anticipate leaving the U.S., even with approved advance parole. You could be found ineligible for certain immigration benefits in the future if you leave the U.S. because your departure may trigger the unlawful presence ground of inadmissibility in section 212(a)(9) of the INA.

22. What might make me ineligible for TPS?
• A person who has been convicted of any felony, or two or more misdemeanors committed in the United States is not eligible for TPS.
• A person subject to several other criminal and security-related bars to asylum is also ineligible. This would include participating in the persecution of another individual or engaging in or inciting terrorist activity.

23. I am a Haitian national who has applied for TPS; I have recently moved. How do I make sure my address is current? Most non-United States (U.S.) citizens who are in the U.S. are required by law to notify DHS of any change of address within 10 days after moving to a new address. To notify DHS of your change of address, you must file a Form AR-11, Change of Address. The Form AR-11 can now be completed electronically on our website at ..www.uscis.gov. Even if you are one of the few aliens not legally required to provide a change of address, you should keep your address current if you have filed any application or petition with us and it is still pending a decision, so you can get any notices or decisions from us. To notify us of your change of address you can call the USCIS National Customer Service Center at 1-800-375- 5283 or you can file the Form
AR-11, Change of Address. Form AR-11 can now be completed electronically on our website at ..www.uscis.gov

24. Where can I receive additional information? 
Contact: John A.Nicelli, Esq. (212) 227-8020. Make an appointment for a Consultation,
He will make an assessment of your situation, and inform you of your best options.

Requesting Waiver of Fees Temporary Protected Status Applicants
U.S. Citizenship and Immigration Services (USCIS) is funded by application and petition fees. Waiving a fee for certain individuals transfers the cost of processing applications and petitions to other applicants and petitioners and often necessitates increasing fees for everyone. However, we recognize that some individuals may not be able to pay the filing or biometrics fees. If you wish for us to consider waiving the fees for your application, please follow the instructions provided below, When you request a fee waiver you must clearly demonstrate that you are unable to pay the application fees and biometrics fee that are applicable in your case:

Questions and Answers

Q. Which fees can USCIS waive if requested?
A. If you are unable to pay, you may request a fee waiver for the following fees:
• Application for Temporary Protected Status (Form I-821);
• Application for Employment Authorization (Form I-765);
• Application for Waiver of Ground of Inadmissibility (Form I-601); and  The biometrics fee. 
  The fee for the Application for Travel Document, (Form I-131), is not waivable.

Q. How should I apply for a fee waiver request?
A. To apply for a fee waiver, you must submit a written statement, made under oath, affirmation, or pursuant to 28 U.S.C. 1746 containing the statement: “I declare under penalty of perjury that the foregoing is true and correct,” requesting a fee waiver(s) and stating the reasons why you are unable to pay the filing fee(s). This statement must be on the request and the request will be denied if it is not. Be sure to state which specific fees you are requesting to be waived in your affidavit.
The signed written statement and any supporting documentation must be submitted along with your benefit application(s). Your fee waiver request must explain why you are unable to pay the fees and also include:

• Any evidence that you are receiving a federal or state means-tested public benefit (e.g., Medicaid, 
   food and nutrition benefits (SNAP program), housing assistance, etc.)
• Your monthly Gross Income from all sources for each of the three months prior to the filing of the 
   fee waiver request,
• A list of all assets owned, possessed or controlled by you or your dependents,
• Your monthly essential expenditures , including any extraordinary expenses (e.g., high medical 
   bills), for each of the three months prior to the filing of the fee waiver request.
• A list of your dependents in the United States, their address and relationship to you, and any 
   income earned or received by your dependents,
• Any evidence of humanitarian considerations (e.g., disability, age, homelessness, unemployment) 
• Any other information that you believe supports your inability to pay the fees that you would like 
   waived.
• Although these starred items are not mandatory requirements, such evidence will be given 
   significant weight in determining your eligibility for a fee waiver.

Q. How will USCIS determine if I qualify for a fee waiver?
A. We will determine that you qualify if you are able to demonstrate that it is more probable than not that your gross income for the three-month period prior to the filing of your fee waiver request was equal to or less than your essential expenses (e.g. reasonable expenditures for rent, utilities, medical expenses, child care) during that same period AND you do not own, possess or control ASSETS sufficient to pay the fee without substantial hardship.
We will review your fee waiver request according to the following 5 steps:

Step 1. Are you receiving a federal-means tested benefit? If you are and you have provided sufficient evidence, your fee waiver will normally be approved.

Step 2. Is your household’s income over the three months preceding the filing of your fee waiver request less than the Federal Poverty Guidelines?

Step 3. Did your essential expenses over the three months preceding the filing of your fee waiver request equal or exceed your gross income during that period?

Step 4. Do you have a humanitarian consideration (e.g, disability, age, etc.) or an extraordinary economic situation (e.g., recent unemployment) that you believe has a sufficiently negative financial impact to make you eligible for a fee waiver? If so, you must provide sufficient evidence to support your claim.

Step 5. Do you have any other reasons and supporting evidence that would support your inability to pay the fee(s)? If so, you must provide the evidence and explain how it makes you unable to pay the fee.

By utilizing the step-by-step process above, USCIS will look at your entire situation to determine whether to grant you a fee waiver based on whether you have sufficient assets to pay the fee without substantial hardship.

Q. What is a federal means-tested benefit and what effect does it have on my eligibility for a fee waiver?
A. A federal means-tested benefit is any benefit funded in whole or part by the Federal government that requires you to demonstrate your “means” (e.g., your income, assets and related resources) as part of the eligibility requirements for the benefit. The federal agency administering the funds determines whether the benefit is a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,  Public Law  104-193.
Many federal-means tested benefits are administered by state, county and city social service agencies. All benefits, whether they are provided by the federal or local government agencies, carry equal weight in our consideration of your fee waiver request. Examples of federal means-tested benefits include Supplemental Nutrition Assistance Program (SNAP) benefits (formerly called “Food Stamps”),  Medicaid, Supplemental Security Income (SSI),  and Temporary Assistance to Needy Families (TANF). You should provide evidence you are receiving these benefits if you wish USCIS to take into account the fact that you have previously demonstrated low income and limited resources to a different agency as part of USCIS’ determination of your eligibility for a fee waiver. This evidence should be a copy of a letter or other documentation bearing the letterhead or logo of the agency granting the benefit, the name of the recipient of the benefit and that you are currently receiving the benefit.

Q. What if someone else in my family is receiving federal means-tested benefits?
A. The person applying for the fee waiver must be the person who is receiving the Federal means-tested benefits.

The only exceptions are:
If an applicant is receiving a federal means-tested benefit, then a dependent spouse who lives in the same household of the applicant will also qualify for a fee waiver unless the spouse owns, possesses or controls assets sufficient to pay the fee without substantial hardship; and, If a parent is receiving federal means-tested benefits, then his or her unmarried children under 18 living with him or her would also qualify for a fee waiver. However, the reverse situation does not apply. For example, if a child or grandchild is receiving Federal means-tested benefits, eligibility for a fee waiver does not automatically extend to parents or other family members. Similarly, if a parent is receiving SSI, his or her adult children do not automatically qualify for a fee waiver as a result.

Q. If I am not receiving a federal-means tested benefit, how will you determine my eligibility for a 
    fee waiver?
A. If you are not receiving a federal-means tested benefit, we will look at other factors, such as the income level of your household and compare it to Federal Poverty Guidelines. We will also consider assets, humanitarian factors, and all evidence that you submit regarding your inability to pay to determine whether your request merits a discretionary grant of a fee waiver.

Q. How will you use my household income information to determine my eligibility for a fee waiver?
A. We will compare your household income with the "Federal Poverty Guidelines". We use the Federal Poverty Guidelines, as established by the Secretary of Health and Human Services.
If your household income is greater than the Federal Poverty Guidelines, then you are not likely to qualify for a fee waiver. However, even if your household income exceeds that of the Federal Poverty Guidelines, if you have a humanitarian consideration or an extraordinary economic situation such as medical bills or unemployment, then USCIS will take this account in an overall assessment of your inability to pay the fees.

Q. What evidence should I provide concerning my household income?
A. In addition to your written statement, you are strongly encouraged to submit documentary evidence of your household income which includes all forms of income, including income received or earned by any dependent in the United States, and financial assistance. Such evidence may include:

• If available, a copy your Federal tax return for the last tax year; or
• If you did not file a federal tax return, submit other forms of evidence which may include paycheck stubs, employment contracts, statement(s) from your employer(s) own business stationary showing salary or wages paid etc, for the past 3 months; or
• Official transcripts of your tax returns and W-2s. These can be obtained without fee from the Internal Revenue Service by filing an IRS Request for Transcript of Tax Return, (Form 4506T).
Q. Who should I include when determining my household size?
A. You should include: Yourself; Your spouse;

The following family members:
• Your children or legal wards, who are unmarried and under 21, and who live with you;
• Your children or legal wards, who are unmarried, under 23, full-time students, and who live with you when not at school;
• Your children, or legal wards, who are unmarried, and for whom you are the legal guardian because they are physically or mentally disabled to the extent they cannot adequately care for themselves and cannot establish, maintain, or re-establish their own household;
• Your parents, if: You are unmarried, under 23, a full-time student, and you live with your parents when you are not at school; or They are retired and living with you.

Q. Will you include the income of a person living with me if that person is not part of my household for tax purposes?
A. If a person is living with you but is not claimed as a member of your household for tax purposes, that person’s income will not be considered when determining your household income. You do not need to provide this person’s income information.

Q. If I am separated, do I need to count my husband or wife, and children living with him or her?
A. If you are legally separated, you do not need to include your spouse in your family size, and do not need to include your spouse’s income information. However, be sure you include in your household income any support that your spouse is still legally required to provide to your household under court order or state law.

• If you are legally separated but continue to live together, your spouse’s income information must be included with your fee waiver request.

• If you are not legally separated, even if you are living apart, then you need to include your spouse’s income information in your fee waiver request.

• Evidence of legal separation should be included with your fee waiver request. This may be a copy of the court order or a letter from the attorney that is managing your case.

Q. If I am applying for immigration benefits under the provisions of the Violence Against Women Act, do I need to provide my spouse’s financial information?
A. Individuals applying for immigration benefits under provisions of the Violence Against Women Act (VAWA), regardless of current marital status, should only provide their spouse’s financial information if it is readily available. In those cases where the information cannot be obtained, please provide a brief explanation describing the circumstances.

Q. How will my expenses factor into my eligibility for a fee waiver?
A. Essential expenses for this purpose are limited to reasonable expenditures for: rent, food, utilities, child care, medical expenses, commuting costs, clothing, and laundry. Temporary Protected States (TPS) fees are also considered an essential expenditure.

Q. How will my assets and/or the assets of my dependents factor into my eligibility for a fee waiver?
A. In addition to providing us with evidence that your essential expenditures have equaled or exceeded your gross income for the last three months, you will need to provide us with information concerning your assets (as well as those of your dependents) and their value.

• Assets include: real estate, property, cash, checking, and savings accounts, stocks, bonds, and annuities (except for pension plans and Individual Retirement Accounts (IRAs)).
If we determine that you can pay the fees from your assets without substantial harm, we will deny your fee request. For example if you have $20,000 in the bank and own two cars, we would determine the applicant has the ability to pay.

Q. What if I believe I am eligible for a fee waiver because of a humanitarian consideration or due to a recent extraordinary economic situation?
A. To the extent that your essential expenses over the three month period prior to your filing the fee waiver request were not equal to or greater than your income during that period, we may consider the following in determining your eligibility for a fee waiver:

• Whether your age will have an effect on your ability to earn income in the near future;
• Any disability that may prevent you from earning an income in the near future; and
• Evidence that you recently became unemployed.
• Disabilities (physical and emotional) should be documented with a letter from a medical professional and should state the nature of your disability and that it prevents or severely inhibits your ability to earn an income.

Q. What if I am filing on behalf of a special immigrant juvenile (SI J)?
A. Juveniles in the custody of the state or local government will likely qualify for a fee waiver. The legal guardian, conservator, or similar court-appointed surrogate should sign the fee waiver request and provide one of the forms of evidence listed below:

• Evidence that the S I J is receiving a federal means-tested benefit.
• Pay stubs or bank statements indicating the S I J’s income is under the federal poverty guidelines.
• Recent juvenile court order establishing dependency or custodial assignment
 (within the last 6 months) of the S I J.
• Letter from a foster care home or similar agency overseeing the S I J’s custodial placement that describes the S I J’s inability to pay.
• Form I-797 Approval Notice for a Form I-360 filed for the S I J.
Any one of the above types of documentation will meet the evidentiary requirement to support the S I J’s inability to pay.

Q. Who may request a fee waiver?
A. Anyone who is 18 or older and wants to request a fee waiver for his/her own application.

Anyone who is 18 or older may request a fee waiver for his/her:

• Unmarried children under 18;
• Unmarried sons and daughters for whom s/he remains the legal guardian to
the extent they cannot adequately care for themselves; and  Legal ward who meets either of the  
above definitions.
Q. Who should sign the fee waiver request?
A. If you are at least 14 years old, you may sign on your own.
Your parent or legal guardian conservator, committee or similar court-appointed surrogate may sign the request for you if you are under 14 years old, or if you are between 14 and 18 years of age, but incapable of signing on your own.
A legal guardian, conservator, committee or similar court-appointed surrogate may also sign the fee waiver request for you if you are 18 years of age or older but a court has appointed a guardian, conservator, committee or similar surrogate for you because you are not capable of managing your own affairs.

Q. If the applicant is a minor and is a ward of the state, who should complete and sign the fee waiver request?
A. The court appointed guardian, conservator, committee or similar surrogate should sign the fee waiver request. The fee waiver request should include a copy of the court order designating the signee as guardian, conservator, committee or similar surrogate.

Q. Some form instructions mention filing fees and biometric fees. Can both be waived? Do I have to file separate fee waiver requests?
A. You do not have to file a separate fee waiver request for the filing fee and the biometric fee. If we approve your fee waiver request, we will waive both the filing and biometric fees.

Q. Do I need English translation of documents?
A. If any document that you submit with your application is not in English, you must submit both the document itself (in the other language) and a full and complete English translation.
The individual who translated the document into English must certify that he or she is competent to translate from the other language into English, and that the translation is a full, complete and accurate translation of the entire document. The translator must include his or her name, signature, full address, phone number, e-mail address and any related license or registration number.

Q. What if I have questions and want to speak to someone?  You are welcome to schedule a consultation, Please click here:  CONTACT US   Fill out the form and call us within 24 Hrs.,  
 (212) 227-8020. Call Now Don't Hesitate.

• January 18, 2010 - Secretary Napolitano Announces Humanitarian Parole Policy for Certain 
   Haitian Orphans.

• On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), today announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.

• DHS and DOS are working together to issue travel documents (either immigrant visas or humanitarian parole authorizations) for children who fall into the two categories described below. Once these children are cleared to travel, the U.S. Embassy in Port au Prince will facilitate their evacuation to the United States so they may be united with their American adoptive parents.

• Under applicable laws, unaccompanied minors entering the country without a parent or legal guardian are subject to special procedures regarding their custody and care. DHS coordinates with the Department of Health and Human Services (HHS) Office of Refugee Resettlement on the cases of these unaccompanied minors.

• All cases will be evaluated by U.S. Citizenship and Immigration Services (USCIS). Depending on their circumstances, and information available some children will receive immigrant visas with permanent immigration status and will require no further processing. Those who enter under humanitarian parole status will need to have their immigration status resolved after arrival.

Eligibility for Humanitarian Parole

Category 1
Children who have been legally confirmed as orphans eligible for intercountry adoption by the Government of Haiti, were in the process of being adopted by Americans prior to Jan. 12, 2010 and meet the below criteria.

Required Criteria:
Evidence of availability for adoption, which MUST include at least one of the following:

• Full and final Haitian adoption decree
• Government of Haiti Custody grant to prospective adoptive parents for emigration and  adoption
• Secondary evidence in lieu of the above.
• Evidence of suitability for adoption, which MUST include at least one of the following:
Notice of Approval of Form I-600A, Application for Advance Processing of an Orphan Petition
Current FBI Fingerprints and background security check clearances
Physical custody in Haiti plus a security background check

Category 2
 Children who have been identified by an adoption service provider or facilitator as eligible
 for intercountry adoption, were matched to prospective American adoptive parents prior
 to Jan. 12, 2010 and meet the below criteria.

Required Criteria
Significant evidence of a relationship between the prospective adoptive parents and the child AND of the parents’ intention to complete the adoption, which could include the following:
• Proof of travel by the prospective adoptive parents to Haiti to visit the child
• Photos of the child and prospective adoptive parents together
• An Adoption Service Provider “Acceptance of Referral” letter signed by the prospective adoptive    parents
• Documentary evidence that the prospective adoptive parents initiated the adoption process prior to Jan. 12, 2010 with intent to adopt the child (filed Form I-600A, Application for Advance Processing of an Orphan Petition, and/or Form I-600, Petition to Classify an Orphan as an Immediate Relative, completed a home study, located an ASP to work with in Haiti, etc.)
• Evidence of the child’s availability for adoption, which could the following: 
IBESR (Haitian Adoption Authority) approval Documentation of legal relinquishment or award of custody to the Haitian orphanage Secondary evidence in lieu of the above Evidence of suitability for adoption, which MUST include at least one of the following:
• Notice of Approval of Form I-600A, Application for Advance Processing of an Orphan Petition; OR
Current FBI Fingerprints and background security check clearances
Other Orphaned or Separated Children Given the severity of the disaster in Haiti, we understand that there are additional children that have been orphaned and/or separated from relative.

18-Month Extension of Temporary Protected Status for El Salvador
 
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through Sep. 9, 2010. The extension will make those who have already been granted TPS eligible to register and maintain their status for an additional 18 months. There are approximately 229,000 nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who are eligible for reregistration. TPS does not apply to Salvadoran nationals who entered the United States after
 Feb. 13, 2001.

The extension of TPS for El Salvador is effective Mar. 10, 2009 and will remain in effect through
Sep. 9, 2010. Nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who have been granted TPS must register for the 18-month extension during the reregistration period beginning the day it is published in the Federal Register and remaining in effect 90 days thereafter. Salvadoran TPS beneficiaries are strongly encouraged to apply as soon as possible following the start of the 90-day reregistration period. Applications from Salvadoran TPS beneficiaries will not be accepted prior to the opening of the reregistration period.

TPS beneficiaries must submit the Application for Temporary Protected Status
Form I-821 without the application fee and the Application for Employment Authorization Form I-765 in order to register for TPS. All applicants seeking an extension of employment authorization through Sep. 9, 2010 must submit the required application filing fee with Form I-765. If the applicant is only seeking to register for TPS and not seeking an extension of employment authorization, he or she must submit Form I-765 for data-gathering purposes only, and is not required to submit the I-765 filing fee. The biometric service fee must be submitted by all registrants 14 years of age and older. Applicants may request a fee waiver for any of the application or biometric service fees in accordance with the regulations. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the reregistration application.

Further details on this extension of TPS for El Salvador, including the application requirements and procedures,  call John A.Nicelli Esq. (212) 227-8020 You are welcome to schedule a consultation, 
Please click here:  CONTACT US    Fill out the form and call us.
 
• TPS Extension Re-Registration Deadline: March 1, 2010
• TPS Expiration Date: November 2, 2011
• EADs Auto-Extended Through: NOT AUTO-EXTENDED
• TPS Designation Date: October 7, 2004
   The forms to register and re-register for TPS are:
• Form I-821, Application for Temporary Protected Status
• Form I-765, Application for Employment Authorization
• To register or re-register you must file both forms together, even if you do not want 
   work authorization.

Filing for Employment Authorization:
When filing for an Employment Authorization Document (EAD) it is important that you do not check the following boxes on your Form I-765 next to “I am applying for” if you do not want to request or extend an EAD:

• Permission to accept employment
• Replacement
• Renewal of my permission to accept employment
For additional information on requesting employment authorization and automatic extensions of EADs, see the ‘Temporary Protected Status’ link to the left.
Filing an Application for Temporary Protected Status
When completing your Form I-821 you must answer all questions listed in Part 4, Eligibility Standards, Question 2, on Form I-821. If you answer “yes” to any of these questions, you must explain on a separate document and/or submit supporting documents with your application.

Granted TPS by an Immigration Judge or BIA.
If an Immigration Judge or the Board of Immigration Appeals granted you TPS, there are additional steps you must complete.
• In the alternative, any legally acceptable document or combination of documents as listed on the Form I-9 may be presented as proof of identity and employment eligibility.
 
Q. Is there a place for me to call with further questions?
A. You can click here http://www.uscis.gov/portal/site/uscis   or you can -  
    Please contact John A.Nicelli Esq. (212) 227-8020. Make an appointment for a consultation.
    He will make an honest assessment of your situation. click here: CONTACT 

• Employers may also call the U.S. Department of Justice Office of Special Counsel for 
 Immigration Related Unfair Employment Practices (OSC)
• Employer Hotline at 1-800-255-8155.
• Employees or applicants may call John A.Nicelli Esq. (212) 227-8020.