The Department of Homeland Security (DHS) declared that Venezuela would be reclassified for Temporary Protected Status (TPS) and granted an 18-month extension. This TPS offers Venezuelans living in the U.S. before July 31, 2023, temporary protection from deportation and job permits.
If you are a citizen of Venezuela, residing in the United States, and do not currently have permanent immigration status, you may choose to apply for Temporary Protected Status. Our immigration lawyer at the Law Offices of Ginky L. Torres can assess your Temporary Protected Status (TPS) eligibility and guide you through the application process.
What is Temporary Protected Status (TPS)?
The DHS may grant eligible nationals of designated countries Temporary Protected Status (TPS) a temporary immigration status if they cannot return home safely because of a civil war, a natural disaster, or other circumstances.
Beneficiaries of temporary protected status are permitted to reside and, in certain situations, work in the United States for a certain period. TPS holders are not subject to deportation from the country or detention by DHS based on their immigration status during the specified TPS period. Holders of TPS are qualified for both travel authorization and an employment authorization document (EAD).
The Temporary Protection Status (TPS) is a short-term benefit that does not grant the status of a lawful permanent resident. If a TPS holder is found guilty of a felony or enters a plea deal, their status may be terminated.
That being said, TPS does not exclude you from requesting any other immigration benefit or protection for which you might be qualified. Immigration benefits include nonimmigrant status, change of status due to an immigrant petition, etc.
What does Venezuela’s TPS extension mean?
Venezuela was first placed under TPS designation in 2021 due to exceptional and transient circumstances that made it unsafe for citizens to return.
Because of the country’s drawn-out political, economic, and humanitarian crises, the DHS has concluded that the circumstances in Venezuela justify the continuation and renewal of Temporary Protected Status (TPS). Non-nationals who were permanent residents in Venezuela are also eligible for TPS.
You can request an extension if granted TPS under the former Venezuelan designation. However, to be eligible for an extension, you must reapply between January 10, 2024, and March 10, 2024. You must also meet other conditions.
Under the Venezuelan TPS redesignation, new applicants can register from October 3, 2023, until April 2, 2025.
What are the criteria for eligibility?
You do not automatically receive TPS if you are the spouse, kid, or parent of someone who has it. To be eligible for TPS for Venezuelans, you need to fulfill the following criteria:
- Must be a Venezuelan national or a non-citizen who was a permanent resident in Venezuela.
- You must have been living in the United States on or before July 31, 2023, and maintain continuous presence starting on or before October 3, 2023.
- Must not have been found guilty of two or more misdemeanors or felonies in the United States.
- Must not be prohibited by law from seeking asylum.
- Applicants for TPS status may need to submit a waiver if they are ineligible under specific legal provisions.
- Your eligibility may be affected if you resided in a third nation before moving to the United States.
If you meet the requirements for TPS Venezuela, be aware that the application procedure may be challenging. We advise you to contact the Law Offices of Ginky L. Torres to talk about your situation.
How to apply for TPS Venezuela
The U.S. Citizenship and Immigration Services (USCIS) requires applicants interested in Temporary Protected Status (TPS) to submit an application and pay the fee. When registering for the first time, applicants for TPS Venezuela must submit Form I-821, Application for Temporary Protected Status, between October 3, 2023 and April 2, 2025.
For current beneficiaries under Venezuela 2021, the 60-day re-registration period is from January 10, 2024, to March 10, 2024. If they wait to re-register, their employment authorization documents (EAD) may become incomplete.
The Application for Employment Authorization, Form I-765, may be submitted individually at a later time or in conjunction with Form I-821 by applicants desiring employment authorization. Under the extension, new applicants will be granted TPS and EADs valid until April 2, 2025. You will also require documentation to verify your identity and prove your eligibility for Temporary Protected Status (TPS).
It is essential to have an immigration attorney guide you through the application process. A lawyer will help you to confirm your eligibility, understand the information you give to the government, and how it affects your other applications. Your filing may be rejected due to inaccuracies or incomplete paperwork. Mistakes can also cause delays in getting work permission, or you could miss your deadline.
When to submit a Venezuela TPS application
You have to re-register without delay within the 60-day window from January 10, 2024, to March 10, 2024, if you are currently under Venezuela’s 2021 designation for TPS.
However, you do not need to re-register if, on October 3, 2023, your application for TPS under Venezuela’s 2021 designation is still ongoing. The government will award you Temporary Protected Status (TPS) until September 10, 2025, if your pending Form I-821 is granted.
In addition, you must register between October 3, 2023, and April 2, 2025, if you submit an initial application for TPS under Venezuela’s 2023 redesignation. Note that you must provide a valid explanation if your initial application arrives late. Late applications are more challenging to process. A legitimate justification is to have been in a different immigration status throughout the first registration period.
Employment Authorization Documents (EADs) Extension Under the New TPS Designation
USCIS extends the validity of EADs issued under the 2021 TPS designation for Venezuela. This extension covers EADs expiring on September 9, 2022, or March 10, 2024. If your EAD linked to TPS for Venezuelans expires on these dates, USCIS will automatically extend your work authorization until March 10, 2025.
Legal Assistance with TPS for Venezuela Application
Navigating a change in immigration status can be tricky, but it doesn’t need to be. The Law Offices of Ginky L. Torres is here to assist Venezuelans in Atlanta, Charlotte, and Texas with their TPS applications, offering tailored guidance for each client. Reach out today to talk about your case and explore your options.