If you are a Venezuelan national or citizen, you live in the United States, and you lack a permanent immigration status, you can now consider applying for Temporary Protected Status.  Some important dates about the new TPS designation for Venezuela:

  • Initial registration period – March 9, 2021 through September 5, 2021
  • Designation dates – March 9, 2021 through September 9, 2022 (18 months)

Why TPS for Venezuela Now?

The Department of Homeland Security under President Biden is designating Venezuela for Temporary Protected Status (TPS) this week.  The Federal Register publication explains this decision is due to deteriorating health, economic, and social conditions in Venezuela. TPS designation is generally used when there are conditions preventing nationals from a safe return, for example an extreme weather event, a civil war, or a severe health or environmental crisis. Due to the ongoing political and economic crisis, exacerbated by the pandemic and a failing health system, Venezuela now meets conditions for TPS designation.  The truth is that many people feel Venezuela has met this criteria for several years already, and calls to designate Venezuela have been frequent as Venezuela has completed stopped issuing passports and providing other basic services to its citizens, among other problems. 

How is this different from Deferred Enforced Departure? (Hint, TPS is better)

Former President Trump resisted calls for TPS for Venezuela, but in the last days of his administration designated Venezuela for Deferred Enforced Departure (DED) through May 2022.  Both programs offer protection from deportation, the ability to apply for a travel document, and work authorization.  So what’s the difference?  For most people TPS is better.  This because unlike DED, TPS is a real immigration status under the Immigration and Nationality Act.  In states contained in the Sixth and Ninth Circuit Courts of Appeal (and this includes our home state of Tennessee!), changing status to TPS is considered an “admission” to the United States.  For some, that admission facilitates an application for permanent residence if the TPS registrant originally entered the United States without permission.  Also, there is a history of TPS designations being extended beyond the period of initial designation.  Honduras, Nicaragua, and El Salvador have been designated for TPS for 20 years at this point.  So TPS may be a more lasting benefit.  There are some differences as to who can apply based on prior removal orders and whether they have been executed. 

Who Qualifies for Initial TPS?

To be eligible for TPS, individuals must

  • Be Venezuelan citizens (and noncitizens having no nationality who last habitually resided in Venezuela),
  • Have continually resided in the United States and continuously physically present in the United States since at least March 8, 2021,
  • Not have any felony conviction OR two (2) or more misdemeanors, and
  • Not be subject to inadmissibility due to national security concerns.

When to Apply?

It is important to apply for TPS for Venezuelans during the initial registration period ending September 5, 2021.  Late initial registrations are more difficult than extensions because applicants applying late must show a valid excuse.  A valid reason for a late initial registration includes having been in a different immigration status during the initial registration period.  Remember that being the spouse, child or parent of TPS does not mean a person can obtain TPS as a derivative. 

How to Apply?

Approximately 300,000 undocumented Venezuelans in the United States will be eligible for TPS. People interested in applying should contact an immigration law firm or a non-profit organization that employs immigration attorneys or Accredited Representatives.  Please do not use the services of a notary public. Notaries in the United States are not attorneys, they do not have legal training, and they are not qualified to give legal advice or help people fill out immigration forms. Remember, the wrong help can hurt.  Our immigration law office is accepting new TPS cases. If you are interested in scheduling a consultation about TPS, please call our office at (615) 647-8628.