Human Smuggling or Trafficking in Persons and its relation to the T Visa
What is human trafficking or white slavery / human trafficking?
On May 22, 2021, Secretary of Homeland Security Alejandro N. Mayorkas announced a new 18-month designation of Haiti for Temporary Protected Status (TPS). This new TPS designation enables Haitian nationals (and individuals without nationality who last resided in Haiti) currently residing in the United States as of May 21, 2021 to file initial applications for TPS, so long as they meet eligibility requirements.
A country may be designated for TPS based upon one or more of the three statutory grounds for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. Haiti designation for TPS comes as a result of both extraordinary and temporary conditions that prevent nationals from returning safely to their country. Haiti which is still suffering the unrelenting effects of the 2010 earthquake is currently experiencing serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic.
Individuals eligible for TPS under Haiti’s new designation must file an application for TPS with USCIS within the registration period that will go into effect on the publication date of the Federal Register pending notice, which will additionally provide instructions for applying for TPS and employment authorization documentation (EAD). This designation also includes current beneficiaries, who will need to file a new application to register for TPS to ensure they do not lose TPS or experience a gap in coverage. All individuals applying for TPS undergo security and background checks as part of determining eligibility.
We will continue to inform the Haitian Community as the instructions as published in the Federal Register.
For more information on TPS for Haiti or other designated countries, please contact our office at 954-306-6921.
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Carlos Enrique Sandoval, Attorney, member of the FL Bar, AILA and licensed to practice law by the Supreme Court and the Federal Court for the Southern District of Florida.
What is human trafficking or white slavery / human trafficking?
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