On Monday, March 8th, the White House announced that Venezuelans present in the United States will be able to apply for Temporary Protected Status (TPS) beginning on Tuesday, March 9th. Venezuelans who were physically present in the U.S. as of Monday are eligible and have 180 days – until September 5, 2021 – to register and apply for TPS.
Since 2014, millions of Venezuelans have fled their home country due to the political turmoil and conflict between the Maduro regime and those that oppose him. This conflict has not only caused political persecution of opposition members, but also widespread hunger, economic collapse, crumbling infrastructure, and limited access to health care and other vital services.
What is Temporary Protected Status?
Temporary Protected Status, commonly referred to as TPS, is a temporary immigration status provided to nationals of certain countries designated by the Department of Homeland Security to be unsafe to return to due to armed conflict, environmental disaster, or other extraordinary conditions. Individuals who are granted TPS are protected from deportation and can obtain employment and travel authorization. While TPS does not provide a pathway to permanent residency and U.S. citizenship, having been granted TPS does not prevent an individual from applying for permanent residency or other immigration benefit if they so qualify.
TPS provides temporary protection for as long as the country is designated by the government to be unsafe to return to. Venezuela has been designated for TPS through September 9, 2022. However, the Department of Homeland Security can extend the designation if it determines that the conditions in the country are still unsafe for Venezuelans to return. For example, the Department of Homeland Security
Who should apply for TPS?
Any Venezuelan physically present in the U.S. as of March 8th, 2021, can apply for TPS. However, individuals who have been convicted of serious crimes or have engaged in other illegal or terroristic activity, may be found ineligible for TPS.
Venezuelans who have already applied for asylum, are in deportation proceedings, or who have applied for other immigration benefits such as a U visa or VAWA visa, can and should apply for TPS. As TPS does not prevent or impact eligibility for other nonimmigrant or immigrant status, applying for TPS can provide a safety net of protection for those who are already applying for other immigration benefits. This will come as a relief to the thousands of Venezuelans that have already applied for asylum in the U.S. and fear what will happen to them if their asylum application is denied. Applying for and receiving TPS will protect them from deportation and allow them to work or continue to work in the U.S.
If you have any questions about the TPS program for Venezuelans, or any other immigration related matter, please contact our office.
Written by Immigration Attorney William Royal Gearhart II
