GIS 10 MA/019: Medicaid for Haitians Applying for or Granted Temporary Protected Status by the U.S. Citizenship and Immigration Services (USCIS)

The purpose of this General Information System (GIS) message is to inform local departments of social services (LDSS) that the Department of Homeland Security has extended the registration period for Temporary Protected Status (TPS) for Haitian nationals who have been both physically present in the U.S. and continually residing in the U.S. as of January 12, 2010. General Information System message 10 MA/005 advised districts that these Haitian nationals were eligible to apply for TPS with the United States Citizenship and Immigration Services (USCIS). Initially, the 180-day registration period for nationals of Haiti was from January 21, 2010 through July 20, 2010. This registration period is now being extended through January 18, 2011.

It is important to note that TPS applies only to those Haitians who were in the United States on or before January 12, 2010. Haitian nationals who have applied for or been granted Temporary Protected Status are considered Permanently Residing in the United States Under Color of Law (PRUCOL), and, if otherwise eligible, may qualify for Medicaid, Family Health Plus or Child Health Plus.

The designation applies to Haitians who have continuously resided in the United States since January 12, 2010, when the earthquake occurred; Haitian nationals who first entered the United States after that date are not eligible for TPS.

Temporary Protected Status registration permits eligible Haitian nationals to continue living in the United States and to obtain work authorization for the duration of the program. Since the TPS program began, USCIS has conducted extensive outreach to communicate its important benefits and to provide clear information about the application process. The USCIS continues to encourage eligible Haitians to apply for TPS as soon as possible before the January 18, 2011 registration deadline. Waivers of the application fees are available to those who can demonstrate an inability to pay.

Temporary Protected Status is a temporary immigration status granted under federal law at 8 U.S.C. 1254a to aliens who are physically present in the U.S. and who are from certain countries designated by the Department of Homeland Security as unsafe to accept their return because of ongoing environmental disasters or other extraordinary and temporary conditions. Haiti joins El Salvador, Honduras, Nicaragua and Sudan as countries currently designated for TPS.

Granted TPS Status:

Haitians who have been granted TPS will have the following documentation:

• Form I-766 EAD coded 274a.12(a)(12) or A12; or
• Notice of Action (I-797) indicating temporary protected status has been granted.

Applicants for TPS Status:

Local departments of social services should request proof from the alien that he or she filed the Application for Temporary Protected Status (Form I-821) and the Application for Employment Authorization (Form I-765) with the United States Citizenship and Immigration Services.

Applicants for TPS will have the following documentation:

• Form I-766 EAD coded 274a.12(c)(19) or C19; or
• Notice of Action (I-797) showing filing of Form I-821 (Application for Temporary Protected Status) and Form I-765 (Application for Employment Authorization).

Haitians in the U.S. who are eligible to apply for TPS should visit the web site www.uscis.gov or call USCIS toll-free at (800) 375-5283.