A Surge at sea: Migrants seek entry to the U.S. aboard flimsy boat

Over the last few years, many Haitians in the United States have looked for lawful ways to stay and work while conditions in Haiti remain unstable. People commonly ask about Temporary Protected Status (TPS), humanitarian parole (I-134A sponsorship), and asylum—each option has different eligibility rules, timelines, and evidence. TPS can provide protection from removal and work authorization during the designation period. Parole depends on a qualified sponsor and is temporary. Asylum requires proving a fear of persecution and strict filing deadlines. This guide explains who may qualify, what documents to gather, how work authorization fits in, and how to choose the safest path for your situation.

1) TPS for Haiti

Eligibility & Dates

To qualify for TPS (Haiti) you must: (1) be a national of Haiti (or stateless person who last habitually resided there); (2) meet the continuous residence and continuous physical presence requirements for the current designation; and (3) be admissible and not barred (certain felonies/2+ misdemeanors, security grounds, etc.). Check the current designation window and CPP dates on USCIS before filing—they change over time. If you previously had TPS, verify whether you’re applying initial, re-registration, or late initial and whether you fit a late-initial category (e.g., recently nonimmigrant, asylum pending, etc.). People with prior removal orders or pending court cases should get case-specific advice on timing and venue (USCIS vs. EOIR). TPS does not by itself lead to a green card, but it can provide protection from removal and eligibility for work authorization while in effect.

Documents & Evidence

Typical TPS packets include: Form I-821, Form I-765 (if you want an EAD), filing fees or Form I-912 fee-waiver, two passport photos, and identity/nationality proof (Haitian passport, birth certificate with photo ID, national ID). Prove continuous residence and physical presence with a timeline of dated records: I-94/entry docs, leases, utility bills, pay stubs, school/medical records, bank statements, tax transcripts, mail showing your name and U.S. address. If names or dates differ, add a brief explanation and supporting affidavits. Include certified translations for any non-English documents. Organize exhibits with tabs (A, B, C…) and a short cover letter listing what’s enclosed. Keep copies of everything and track your receipt number after mailing or online filing.

Work Authorization (I-765)

With TPS you can request an EAD under category (a)(12); if your initial TPS is still pending you may qualify under (c)(19). File the I-765 with your I-821 or later. Many applicants are eligible for automatic extensions during re-registration—always read your approval/FR notice for the exact extension period. Renew your EAD early (about 6 months before expiration) to avoid gaps. If you can’t afford fees, submit Form I-912 with income proof. Biometrics are typically required; missing an ASC appointment can delay the case. Track case updates online and keep your address current with AR-11. If an employer needs verification, provide the EAD plus any DHS automatic-extension notice listed in the Federal Register for your TPS designation.

2) Humanitarian Parole (I-134A)

For humanitarian parole (I-134A), each beneficiary needs a qualified sponsor located in the U.S. A sponsor can be a U.S. citizen, LPR, or other lawfully present person who can financially support the beneficiary. Show capacity with income/asset evidence (recent pay stubs, W-2/1099s, tax return, bank statements, employment letter); aim to meet or exceed ~125% of the Federal Poverty Guidelines for your household size. Provide proof of status/identity (passport, green card, or work-authorized ID), a residential address, and a brief plan for housing, transport, and initial expenses. Each sponsor files a separate I-134A online; joint sponsors are possible if one sponsor doesn’t meet capacity alone. Expect basic background checks on sponsors and beneficiaries.

Common Issues & Timing

Frequent I-134A problems: name/date mismatches with passports, insufficient financial proof, missing household details, or unclear support plans. If finances are borderline, add a co-sponsor and/or liquid assets proof. Processing times vary; approvals result in instructions for the beneficiary to complete steps in the CBP/USCIS portal and arrange travel. Parole is temporary and discretionary; it does not erase prior inadmissibility or create permanent status. Beneficiaries may request an EAD under (c)(11) after entry. Track parole end dates and explore longer-term options (TPS, asylum, family/employment filings) early. Travel outside the U.S. during parole generally requires separate authorization—leaving without it can forfeit parole.

3) Asylum Basics

One-Year Rule & Nexus

Asylum applicants must file within one year of their last arrival, unless they qualify for changed or extraordinary circumstances and file within a reasonable time after those events. The claim needs a nexus to a protected ground: race, religion, nationality, political opinion, or particular social group (PSG). Harm from general crime or poverty is not enough without a protected-ground link. Explain who targeted you, why they targeted you, and why your government couldn’t or wouldn’t protect you. Address internal relocation (why you couldn’t be safe elsewhere in the country) and any bars (serious crimes, persecution of others, firm resettlement). If you have prior TPS/parole or missed the deadline, document the exception carefully.

Evidence & Declaration Tips

Your I-589 declaration should read like a clear timeline: background → threats/events → aftermath → why you still fear return. Use specific dates, names, places, and how events affected you; avoid contradictions with prior visa records or applications. Attach corroboration where available: police or medical records, photos, witness affidavits, school/employment letters, and country-conditions evidence (State Dept. reports, credible NGOs, news). Consider expert or psychological evaluations if relevant. Translate all non-English items with a translator’s certification. Label exhibits (A-1, A-2…) and include an index. Prepare for credibility questions; if something is unsure, say so rather than guessing. Keep copies and bring originals to interviews or hearings.

Haitian Immigration to the U.S. Recently, there was a significant event where 100 Haitian immigrants were rescued, highlighting the ongoing challenges of migration.

A record number of Haitian immigrants are seeking to enter the United States due to severe political instability and natural disasters in Haiti. The 2021 assassination of President Jovenel Moïse, rampant gang violence, and a devastating earthquake have created a massive humanitarian crisis. This has displaced over a million people internally and collapsed essential services. Recently, news emerged of 100 Haitian immigrants being rescued from perilous situations at sea, drawing attention to the ongoing plight of those seeking refuge.

U.S. Policy: In response, the U.S. has expanded expulsions, often using policies like Title 42. This is to quickly remove migrants without allowing them to seek asylum. While the government cites the need for border management, this approach is a point of contention for human rights advocates. Just recently, in dramatic scenes, 100 Haitian immigrants rescued from dangerous waters were denied entry.

Surge in Numbers: U.S. Customs and Border Patrol data shows a significant increase in encounters. For example, there were nearly 7,000 encounters in Florida in October 2022. This was a sharp rise from about 1,200 the previous year. Total encounters rose from approximately 49,000 in 2021 to almost 57,000 in 2022, underlining the urgency of the situation where 100 Haitian immigrants had to be saved from peril.

Dangerous Journeys: Many migrants undertake perilous sea voyages in overcrowded, unsafe vessels, often with minimal safety equipment. They face risks such as capsizing, starvation, and dehydration, highlighting their desperation. The U.S. Coast Guard actively intercepts these vessels to prevent loss of life, exemplified by a recent incident where they intervened to save Haitian immigrants in distress, including over 100 who required immediate rescue.