On January 15, 2010, the Department of Homeland Security (“DHS”) issued a memorandum providing interim field guidance for the various forms of relief that United States Citizenship and Immigration Services (“USCIS”) has committed to undertake as a result of the January 12, 2010 Haiti earthquake. This guidance may be summarized as follows:

Change or Extend Nonimmigrant Status

USCIS will use its discretion to more readily approve applications for change or extension of nonimmigrant status filed by affected aliens. Haitian B-1/B-2 visa holders who are unable to return home may file an extension of status for an additional 6 months. Those aliens who are unable to pay fees may file a fee waiver request. In cases where an alien is no longer able to extend his or her current nonimmigrant status, favorable consideration should be given to requests to a change of status to B-1 or B-2.

Service Center directors have the authority to accept applications for an extension of stay or change of status submitted after the applicant’s period of admission has expired. Haitian nationals and residents in lawful, nonimmigrant status on January 12, 2010, will be excused for filing up to March 12, 2010. After March 12, 2010, eligibility for delayed filing will be determined on a case by case basis.

Reparole Affected Parolees

Haitian aliens already in the United States pursuant to a grant of parole by USCIS may file for reparole at the District Office having jurisdiction over the alien’s place of residence. Absent compelling adverse factors, the District Director should exercise his or her discretion favorably for reparole.

Extend Grants of Advance Parole

An automatic extension of advance parole is granted until March 12, 2010, to those aliens who are currently in Haiti if their advance parole authorization expires between January 12, 2010 and March 12, 2010.

Grant F-1 Students Off-Campus Employment Authorization Documents (“EADs”)

Nonimmigrant students from Haiti who may be unable to continue to cover the cost to engage in a full course of study may need an off-campus EAD. A Haitian national or resident who has been recommended by the Designated School Official will receive such an EAD.

Expedited Processing

USCIS will expedite processing of the following applications:

1. Requests for advance parole; and
2. Relative petitions for minor children of eligible lawful permanent residents (“LPRs”) and United States citizens (“USCs”) residing in affected areas.

Assist Persons Stranded Without Documents

When the Embassy in Port-au-Prince is open, the USCIS field office there will assist LPRs who have lost their documents. The field office in Santo Domingo should also continue to provide assistance to individuals evacuated to the Dominican Republic who may have lost their documents.

Issue EADs for Orders of Supervision

USCIS shall adjudicate, as promptly as possible, EADs relating to aliens who have been issued Orders of Supervision pursuant to stays of removal by U.S. Immigration and Customs Enforcement.

Abandonment and Requests for Evidence

USCIS will consider exercising discretion on a case-by-case basis not to deny for abandonment or failure to respond to a Request for Evidence, if the applicant/petitioner/beneficiary lives in the affected area or if the alien needed to obtain documentation from the affected area or otherwise demonstrates a direct connection between the disaster and the failure to pursue the application/petition.

Humanitarian Parole

Humanitarian parole may be used on a case-by-case basis to address compelling and urgent humanitarian needs. Many USC prospective adoptive parents are already in the process of adopting a child from Haiti. In these cases, USCIS will consider granting humanitarian parole to a child without a visa where it is presented with evidence of a final adoption decree issued by the Government of Haiti or a grant of custody to USC adoptive parents for the purposes of emigration and adoption in the United States.

The special immigration measures recently announced for people in Haiti (including priority processing) only apply to family members, including spouses, common-law and conjugal partners, dependent children (including a child adopted abroad) parents, grandparents and orphaned family members of Canadian citizens, permanent residents and protected persons. The Canadian family member must sponsor the application. Citizenship and Immigration Canada’s current priorities are:

1. Children (adopted or unaccompanied dependents of Canadian citizens or permanent residents)
2. Spouses and dependent children
3. Parents and grandparents
4. Dependents of principal applicants who have applied for permanent residence as protected persons.

The Government of Canada is concerned that some members of the Haitian-Canadian community are being misled into believing that a paid immigration consultant can speed up the arrival of their loved ones from Haiti. No immigration consultant can speed up this process. If an applicant chooses to hire a consultant, their application will not be given special attention or processed faster.

The only representatives who may charge a fee to represent or advise applicants on immigration and refugee matters with the Government of Canada are:

1. Lawyers who are members in good standing of a Canadian provincial or territorial law society;
2. Immigration consultants who are members in good standing of the Canadian Society of Immigration Consultants (CSIC); and
3. Notaries who are members in good standing of the Chambre des notaires du Québec

The Government of Canada will not deal with non-authorized representatives who charge a fee for their service. Additional information on choosing a legal representative may be found here.