Secretary of Homeland Security Designates Venezuela for Temporary Protected Status

Secretary of Homeland Security Designates Venezuela for Temporary Protected Status

Venezuelans Residing in the United States Granted Protection Until September 2022

Some 323,000 Venezuelans currently residing in the United States could be protected from deportation until late 2022 thanks to recent action by the Biden administration. On Monday, March 9, 2021, Venezuela was designated for temporary protected status (TPS). Through it, those who fled the instability of their home country can have their immediate future in the United States safeguarded.

Who Qualifies for TPS?

Venezuelans and those without a nationality who last resided in Venezuela may qualify for TPS. To be eligible, applicants must be able to show that they:

  • Arrived in the United States prior to March 8, 2021
  • Have not been convicted of a felony
  • Have not been convicted of two or more misdemeanors
  • Have not left the United States since arriving

Our attorney can help you determine your eligibility.

How to Register for TPS

Qualifying Venezuelans have 180 days to register for TPS, making the deadline September 5, 2021. Those interested must submit the following before then:

  • Application for Temporary Protected Status (Form I-821)
  • Biometric Service Fee or Request for a Fee Waiver (Form I-912)
  • Filing fee or an additional Request for a Fee Waiver (Form I-912)

Applicants may also submit the work authorization document, Form I-765, and associated fee at this time. Our lawyer will help you gather these, as well as proof of your identity and qualification for TPS. After compiling the necessary paperwork, we’ll help you process the application.

Important Dates

The process is made up of a handful of key dates that applicants should remain aware of. Keep the following deadlines in mind as you begin your application:

  • March 8, 2021: Venezuelans must demonstrate continuous residence in the United States, starting no later than this date.
  • March 9, 2021: TPS registration period begins. Applicants must prove a continuous physical presence in the United States from this day forward.
  • September 5, 2021: TPS registration period ends.
  • September 9, 2022: TPS designation ends.

How TPS Differs from DED

In January, an executive order was signed to defer the removal of Venezuelans in the United States for 18 months. Like TPS, this is a measure meant to protect Venezuelans’ stay in the country. Additionally, individuals protected under either DED or TPS could apply for work or travel authorization.

The main differences are that TPS is:

  • A change in a person’s immigration status
  • Designated when a country meets at least one of three bases for TPS (ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions)
  • Designated by Secretary of Homeland Security rather than the president

For more information on temporary protected status, contact Harrison Law Office, P.C. We can discuss how the recent designation of Venezuela may affect your case in a free initial phone or video consultation. Call us at (415) 212-6817 or complete our online contact form to get started.