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In this blog post, we discuss a new update for the Temporary Protected Status (TPS) program for the country of Venezuela.
As luck would have it, on March 8, 2021, the newly sworn Secretary of Homeland Security, Alejandro Mayorkas, announced the designation of Venezuela, as a foreign country qualifying for Temporary Protected Status (TPS), due to conditions in the country that temporarily prevent the safe return of Venezuelan nationals to their country of origin.
The designation will allow Venezuelan nationals (and those without nationality who last resided in Venezuela) to file initial applications for Temporary Protected Status (TPS), provided they meet the eligibility requirements.
What is TPS?
Temporary Protected Status is a temporary immigration status given to certain foreign nationals from certain countries that are experiencing ongoing armed conflict, environment disaster, humanitarian crisis, and other such conditions. TPS allows qualifying applicants to remain in the United States on a temporary lawful basis without fear of deportation, and also allows applicants to apply for a temporary work permit. Only nationals from countries who have been designated as eligible for Temporary Protected Status by the Secretary of Homeland Security are eligible to participate. Countries with such designation include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen.
What are the eligibility requirements?
- To be eligible, applicants must be a national of Venezuela, or be a person without nationality who last habitually resided in Venezuela.
- Venezuelan nationals must file for TPS during the open initial registration or re-registration period, which falls on March 9, 2021 to September 5, 2021. That means all initial applications must be received within this time frame.
- Venezuelan nationals must prove they have been continuously physically present in the United States since March 9, 2021, the effective date of Venezuela’s designation date; and
- Venezuelan nationals must prove that they have been continuously residing in the United States since March 8, 2021.
- Those who meet the requirements outlined above may obtain TPS benefits for a period of 18 months lasting until September 9, 2022.
How to file
All applicants must submit the necessary forms, supporting documentation, and filing fees with USCIS by filing Form I-821 Application for Temporary Protected Status, as well as Form I-765, Request for Employment Authorization. For information about the forms and supporting documentation required click here.
When should you file?
As stated above, all applicants who wish to file for Temporary Protected Status (TPS) benefits under Venezuela’s designation, must register during the 180-day registration period that runs from March 9, 2021, through Sept. 5, 2021. Applicants should register as soon as possible within the 180-day registration period.
What do TPS applicants receive?
TPS applicants may apply for a temporary work permit and may remain in the United States throughout the period of the country designation on a lawful basis without fear of deportation.
Other TPS Announcements
In addition, on March 12, 2021, Alejandro Mayorkas designated Burma as a TPS country for 18 months. That means that Burmese nationals may qualify for TPS and follow the same process as that outlined above. Burmese nationals who can demonstrate continuous residence in the U.S. as of March 11, 2021 are eligible for TPS under Burma’s designation.
Syrian nationals remain eligible for TPS with an 18-month extension granted for TPS holders through September 30, 2022. The Secretary has also re-designated Syria as a country eligible for TPS, effective March 31, 2021 through September 30, 2022.
Finally, South Sudan’s TPS designation has been extended for 18 months through May 2, 2022.
For more information about TPS please click here.
Questions? If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.
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