Temporary Protected Status (TPS) for Venezuelans

Temporary Protected Status (TPS) for Venezuelans

Secretary of Homeland Security Alejandro N. Mayorkas has designated Venezuela for Temporary Protected Status (TPS) for 18 months, from March 9, 2021, through September 9, 2022.

As CNN reports, TPS designation will allow an estimated 300,000 Venezuelans to remain lawfully in the United States.

The 180-day registration period for eligible individuals to submit TPS applications will run from March 9, 2021, through September 5, 2021.

Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.

DHS has also provided information on how eligible Venezuelans may apply for Deferred Enforced Departure (DED)-related EADs based on a January 2021 presidential memorandum that provides DED for Venezuelan nationals through July 20, 2022.

Venezuelan nationals who believe they are eligible for TPS are encouraged to apply during the initial registration period even if they are also covered by DED, in case they are not able to qualify for a late TPS initial filing after DED protection expires.

Questions & Answers

1- What are the eligibility criteria?
Venezuelan nationals who can demonstrate continuous residence in the United States since March 8, 2021, and who have been continuously physically present in the United States since March 9, 2021, are eligible for TPS under Venezuela’s new designation.

2- Will I be fingerprinted if I apply for TPS?
All individuals applying for TPS undergo security and background checks as part of determining eligibility. Biometrics collection (fingerprints) is generally required for applicants ages 14 and older.

3- I have filed an asylum application, and it is still pending. Can I apply for TPS?
Yes, you can. Both statuses can exist at the same time. But you need to understand that since TPS gives you legal status, you cannot have a second chance before an immigration judge in case your asylum case is denied at the asylum office.

4- Can I register for TPS while I concurrently have another status? (i.e. H1-B or F1)
You can, but we recommend consulting an immigration attorney in this area.

5- I am a national of Venezuela, but I have another nationality/citizenship with another country. Am I still eligible for TPS?
Yes, you are! Being a dual national of Venezuela and another country does not prevent an applicant from meeting the nationality requirement for TPS.

6- I have applied and granted Deferred Enforced Departure (DED), can I still apply for TPS?
Yes, you can and you should! TPS provides more protection and possibly renewals. However, DED authorization for Venezuelans is set to expire on July 20, 2022.

Indeed, the Department of Homeland Security encourages individuals who believe they are eligible for TPS to apply during the initial registration period of March 9, 2021, through September 5, 2021, even if they are also covered by DED. This preserves the option of TPS in case the individual is later unable to qualify for a TPS late initial filing after DED for Venezuela has expired.

7- I have a work permit under DED, should I re-apply for a work permit under TPS?
No, you do not need to. Venezuelan nationals who receive TPS and are also covered by DED do not need to apply for an EAD under both programs.

8- What documents do I need to provide to my attorney?
Along with a set of answers to the questions of attorney to fill out the necessary application forms, you need to provide evidence of the physical presence in the United States as of March 9th.

9- Is there an application fee for these forms?
TPS requires registration and the DHS’s fee is $135 (without applying for employment authorization.)
If applying employment authorization and TPS registration together the fee will be $545.

10- I have a criminal history. Am I eligible for TPS?
More than one misdemeanor disqualifies you from applying TPS.

At Gozel Law Firm, we help Venezuelans in their TPS applications. If you need a consultation, we offer free consultations in March.

We also speak Spanish and happy to help you. Please book a consultation here: https://calendly.com/gozel-law

This page is for informational purposes only. If you have any questions, please contact your immigration attorney!

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