Temporary Protected Status (TPS) Approved for Venezuelans!

On March 8, 2021 the United States Secretary of Homeland Security designated Venezuela for Temporary Protected Status. This means that certain citizens of Venezuela currently in the United States may remain here lawfully until at least September 9, 2022 without fear of deportation or removal. In addition, Venezuelans approved for TPS may also be granted employment authorization. USCIS estimates that approximately 323,000 Venezuelan individuals are eligible to file TPS applications under this new designation.

The protections of TPS extend to all Venezuelans who can demonstrate that they have been physically present in the United States as of March 8, 2021. It does not matter how you may have entered the United Sates. Removal or deportation orders generally do not prevent you from receiving TPS.

Unfortunately, any individuals who arrived in the United States after March 8. 2021 are not eligible for TPS. In addition, certain people may not be eligible if they have serious or multiple criminal convictions.

Venezuelans seeking protection under TPS will have to file their applications for TPS before September 5, 2021.

Deferred Enforced Departure (DED) defers or pauses the removal of Venezuelans present in the United States as of January 20, 2021. Unlike TPS, DED is automatic. You do not need to file any application to benefit from DED unless you wish to apply for work authorization. Unlike TPS, DED does not protect you from deportation if you were previously ordered removed or deported prior to January 20, 2021.

In general, we recommend any eligible applicant apply for TPS. First, the duration of protection under TPS is longer. You are also protected from deportation in the event you have a prior removal or deportation order. You may also qualify for to reapply for TPS if it is extended beyond September 9, 2022. Additionally, in certain cases, TPS may count as a legal ‘admission’ to the U.S. which can help future family petitions by a U.S. citizen spouse or children and provide a pathway to a green card and citizenship. Last, TPS is widely considered a more stable immigration ‘status’ as it falls under the Immigration and Nationality Act, unlike DED.

Venezuelans seeking TPS will have to file Form I-821 with USCIS within the 180-day registration period (from March 9, 2021 to September 5, 2021) and go through the appropriate background and security checks. Applicants may also apply for a work authorization document filing Form I-765. You may also apply for travel authorization using Form I-131.

If you have already applied for employment authorization under DED, you do not need to submit another application for a work permit (EAD). Nonetheless, you should still submit your application for TPS during the 180-day registration period (before September 9, 2022) even if you are protected under DED, to extend protection after the DED expires.

60 days before TPS expires, the government will evaluate Venezuela’s country conditions to determine whether to extend or terminate TPS for Venezuelans. If the TPS designation is terminated, TPS holders will return to their previous lawful or unlawful immigration status or any other unexpired immigration status they obtained while on TPS. If it is approved, previous applicants will be eligible to extend their status and renew their work authorization.

If you are looking for help with obtaining TPS and work authorization, do not hesitate to contact the legal team at O’Neil & Hauser, PC. We offer free consultations and will assess your case to determine whether you may be eligible for any other immigration benefits apart from TPS, including permanent residence (green card). Call (617)426-8100 to schedule an appointment or reach out online.

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