Haiti Post-Quake: Haiti Quake Victims in the U.S Finally Getting Deferred Action Benefits

Sept. 13, 2010 - PRLog -- Miami-Florida

At a meeting held this week in Miami with Haitian-American Advocates, the USCIS Miami-Caribbean District Director, Linda Swascina, announced that among the couple of hundred of Haiti Quake Victims who have requested the deferred action measure, the agency has already approved some of those requests.  When the District Director met last month with Officials of the Haitian-American Grassroots Coalition (HAGC), she indicated that the Miami District did not approve any deferred action yet.  Last June, the USCIS Director, Mr. Alejandro Mayorcas, shared with Haitian-American Advocates that the Agency  gave already the green light for Haiti Quake Victims on tourist visa presently in the U.S to go to their local USCIS Office to submit their Deferred Action petition.  Since that time, from South Florida to California, Haiti Quake Victims have been scrambling to get information from USCIS Officials regarding the process to no avail.  This past July, Mr. Mayorcas while in Miami during a workshop regarding the extension of the Temporary Protected Status (TPS) program for Haitians reiterated the announcement on Deferred Action and cautioned that this measure will be approved on a case by case basis.  It was left to the discretion of the district director to approve or deny the deferred action requests.

In further discussions with immigration officials, immigration legal practitioners and other Haitian Community - Based Organizations (CBOs) representatives  found out that the obtention of Deferred Action carries some risks for the recipient and that Deferred Action was not appropriate for everyone.  Although a lot of attention is continuing to be centered on Haiti, Haiti Quake Victims in the U.S are facing the difficult decision of choosing whether or not they want to be homeless in America or go back home to their devastated homeland to live in the tent cities in Port-au-Prince, said Jean-Robert Lafortune, HAGC Chairman who has been aggressively advocating for this measure.

For those who wish to solicit the deferred action measure, it is very important that the applicant seeks proper assistance such as a lawyer or appropriate knowledgeable institutions having adequate experience on the matter.  According to Immigration Officials, an individual seeking deferred action is expected to provide proof of Haitian citizenship, a valid Haitian passport with a valid visa, the I-94 form, a justification or reason why the United States Government should approve the deferred action on a humanitarian basis.  When appropriate claims should be supported with documentation or affidavit from local agencies in Haiti.

Previous requests made to USCIS Officials to upload the guidelines for deferred action on the Agency's web portal went unanswered even though they had promised to upload the information.  Haitian-American Advocates were told that all the districts will be using the same assessment method in order to determine an applicant eligibility.  

In Miami, there are several CBOs that agree to assist individuals wishing to request deferred action.  They are Haiotian Women of Miami, Catholic Charities Legal Service, Saint Thomas University Human Rights Institute, and other agencies that serve the Haitian/Cuban Entrant population such as Church World Service.  Interested parties can log on the WWW.USCIS.gov to request a meeting with their local USCIS district office to obtain additional information on Deferred Action.  There are no fees to pay to apply for Deferred Action but if granted, the applicant can apply for work authorization.  The work authorization requires a fee.  The applicant is not expected either to be submitted to an interview with an immigration officer.  Applicants will be contacted at a later date for an appointment for the biometrics, said immigration officials.  The Deferred action measure has been issued so far for a two year period.

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The Haitian-American Grassroots Coalition is a leading Human Rights and Civil Rights Group advocating for the rights of Haitian Nationals seeking safe haven in countries such as the United States and the Caribbean. It pursues fair and equal treatment.