TPS for Venezuelans

Erick Widman

As the political and humanitarian crisis in Venezuela continues, the Department of Homeland Security has designated Venezuela for Temporary Protected Status (TPS). This designation will allow eligible Venezuelans currently in the United States to apply for Temporary Protected Status (TPS), as well as travel and employment authorization (EADs).

“It is in times of extraordinary and temporary circumstances like these that the United States steps forward to support eligible Venezuelan nationals already present here, while their home country seeks to right itself out of the current crises.” Secretary Mayorkas of DHS said in his official statement.

What’s Temporary Protected Status?

The secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent its nationals from returning safely, or in certain circumstances where the country is unable to handle the return of its nationals adequately. Approximately 323,000 Venezuelans currently in the United States are eligible for TPS, according to DHS. While TPS does not lead to legal permanent residence or citizenship, the Biden Administration has proposed a path to citizenship for all TPS beneficiaries. Details of this process are still to be determined.

Who’s eligible? 

In addition to other eligibility requirements, Venezuelan nationals (and persons without nationality who last habitually resided in Venezuela) who can demonstrate the following may apply for Temporary Protected Status:

  • Continuous residence in the United States since March 8, 2021; and
  • Continuous physical presence in the U.S. since March 9, 2021.

What’s the application process? 

There is a 180-day registration period which runs from March 9th 2021 through September 5th 2021. Applicants are encouraged to apply as soon as possible by filing Form I-821 and Form I-765 and all required evidence and filing fees with USCIS.

More details about the new TPS policy can be found in the Federal Registrar.

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