As of March 9, 2021, eligible Venezuelan nationals and those who were previously habitually residing in Venezuela may apply for Temporary Protected Status (TPS) in the U.S.
Successful applicants will be allowed to lawfully reside in the U.S. until Sept. 9, 2022.
What is TPS?
Temporary Protected Status (TPS) is a legal status for individuals from certain countries to temporarily stay in the U.S. Those under TPS may live and work in the U.S. during a specific period of time without having to worry about being deported. The purpose of TPS is to give those who lived in a country undergoing upheaval or turmoil (like Venezuela) a safe place to live.
You are eligible for TPS if:
- You are a national of Venezuela, or a person without nationality who last habitually resided in Venezuela.
- File for TPS during the open initial registration period, which is from March 9, 2021 to September 5, 2021.
- Have been continuous physical present in the United States since March 9, 2021;
- Have been continuously residing in the United States since March 8, 2021.
- Even those who entered the U.S. without inspection are eligible for TPS.
Disqualifications for TPS
You will not be eligible for TPS if you have been convicted of a felony or multiple misdemeanors or are considered inadmissible under certain grounds of inadmissibility or subject to any of the mandatory bars to asylum. However, certain grounds of inadmissibility may be overcome through a waiver.
How to Apply for TPS Under Venezuela Designation
Eligible Venezuelans will have to file an application and submit it with various documents that support the applicant’s eligibility. A key requirement for Venezuela’s TPS is being able to demonstrate continuous residence in the U.S. since March 8, 2021. Applicants must also demonstrate continuous presence in the U.S. since March 9, 2021.
If you are interested in applying for TPS under the Venezuela designation, you must apply by Sept. 5, 2021. If you want to work in the U.S. while residing in the country under TPS, you also need to request an employment authorization (EAD).
Conclusion
Although the requirements for TPS seem pretty straight forward, there are many little nuances that can affect a person’s chances of obtaining TPS. It is imperative that you seek the help of an experienced and caring immigration attorney. It’s best not to leave anything up to chance when applying for TPS.
If you think you may be one of the 323,000 people who is eligible for TPS under the Venezuela designation, you need to act now. Every case is unique, and you need personalized legal counsel to have the best chance of success. Rotella & Hernandez would be honored to help you navigate the complexities of the U.S. immigration system so you and your family can have peace of mind. Call us today at (786) 571-8472 to discuss your options.