Venezuelans Residing in the United States Are Granted a Temporary Stay
Department of Homeland Security secretary Alejandro N. Mayorkas designated Venezuela for temporary protected status (TPS) in an effort to protect those who have fled from the extreme conditions of their home country. By applying for TPS, Venezuelans residing within the United States can adjust their immigration status, gain protection from deportation, and obtain work authorization. However, not every Venezuelan will be granted TPS.
Who Qualifies for Temporary Protected Status?
The Biden administration announced that this new designation will grant temporary legal residency to Venezuelans who are already in the United States – about 323,000 people. To qualify, applicants must have:
- A clean background check
- Arrived in the United States before March 8, 2021
- No felony convictions
- No more than one misdemeanor conviction
- Stayed in the United States since arriving
Additionally, those with no nationality who last resided in Venezuela may apply for TPS, so long as they meet the requirements above.
How Venezuelans Can Obtain Temporary Protected Status
Our attorneys can help you determine your eligibility and proceed with the application process. To apply, we will need to prepare:
- Application fee
- Biometric fee
- Form I-821, the TPS application
- Proof of entering and remaining in the country since March 8, 2021
- Proof of identity, such as a passport or driver’s license
- Work authorization request and filing fee if you wish to work while in the country
Those seeking TPS must complete an application and file it with the U.S. Citizenship and Immigration Services by September 5, 2021.
How Venezuela Qualified for TPS Designation
Temporary protected status is not available to nationals of every country. TPS can only be offered to countries that have experienced at least one of three statutory bases for designation:
- Environmental disasters
- Extraordinary and temporary conditions
- Ongoing armed conflicts
Venezuela qualifies due to its humanitarian crisis, widespread hunger, repression, and a growing influence of armed groups. Such conditions give proper grounds for TPS based on extraordinary circumstances.
Dates to Know
Those who believe they are eligible for TPS must consider the important dates in the application process and period of protection. We advise that you make note of the following deadlines:
- March 8, 2021: The day that an individual must have established continuous U.S. residence by.
- March 9, 2021: The day since which individuals must remain continuously present in the country. Additionally, this is the first day that people may begin applying for TPS and TPS-related employment and travel authorization documents.
- September 5, 2021: The last day that individuals can apply for TPS.
- September 9, 2022: The projected end of the TPS period, unless extended by the Biden administration at a later date.
For more information about temporary protected status applications and dedicated assistance with your case, contact the Law Office of Kelli Y. Allen, PLLC: (704) 870-0340.