On March 8, 2021, the U.S. Department of Homeland Security designated Venezuela for Temporary Protected Status (TPS) for a period of 18 months, until September 9, 2022.
Temporary Protected Status is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict (such as civil war), environmental disaster (such as earthquake or hurricane), or other extraordinary and temporary conditions. It provides a stay of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation.
This new designation of Temporary Protected Status for Venezuela enables Venezuelan nationals currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements. Only individuals who can demonstrate continuous residence in the United States as of March 8, 2021 are eligible for TPS under Venezuela’s designation. Applicants are also eligible to apply for employment authorization that will be valid through September 9, 2022.
Once granted Temporary Protected Status, an individual may not be detained by DHS based on his or her immigration status in the United States. TPS is a temporary benefit that does not lead to legal permanent residence, U.S. citizenship, or any other immigration status. All individuals applying for TPS undergo security and background checks as part of determining eligibility.
Individuals are not eligible to apply for Temporary Protected Status if they have been convicted of any felony or two or more misdemeanors committed in the United States, are found to be inadmissible, or fail to meet the continuous physical presence and continuous residence in the United States.
To apply for Temporary Protected Status under Venezuela’s designation, applicants must register during the 180-day registration period that runs from March 9, 2021 through September 5, 2021. To apply for TPS, applicants must submit the following documents with their application:
- Venezuelan passport;
- Venezuelan birth certificate (with English translation);
- I-94 – arrival/departure record;
- Proof of residence in the U.S. as of March 8, 2021 such as a copy of residential lease, mortgage statements, utility bills (gas, electric, phone, water), school records, medical records, etc.;
- Arrest records or criminal history (if any).
If you are or know a Venezuelan national that would like to apply for Temporary Protected Status, please contact the Law Office of Casais and Prias at (305) 722-8015 or info@CasaisLaw.com. Our experienced immigration attorney will represent you in preparing and submitting your applications for TPS and employment authorization.