TPS News: Due to extraordinary conditions, Venezuela has been designated for TPS for the next 18 months (until Sept 2022). Here are some questions we have received.
Yes, it was approved on March 8, 2021 and effective March 9, 2021- the deadline to apply is September 5, 2021.
No, any eligible national of Venezuela (or individuals having no nationality who last habitually resided in Venezuela) can submit an initial registration application under the designation of Venezuela for TPS and apply for employment authorization.
The eligibility criteria for TPS for Venezuelans are:
It is important to have an attorney to ensure that you are eligible and understand the implications of the information you provide to the government and how this application may impact any other applications you may have previously made. Your filing could also be rejected if you do not correctly complete the forms or make mistakes which could cause you to miss your deadline or delay your ability to obtain work authorization.
As of March 9, 2021, eligible nationals of Venezuela (or individuals having no nationality who last habitually resided in Venezuela) can submit an initial registration application under the designation of Venezuela for TPS and apply for employment authorization, up until September 5, 2021.
Yes, you may, by applying for advance parole along with work authorization and waiting for the approval of such authorization before traveling. There is always a risk that you may not be admitted back in the United States as a US Customs officer will review your admissibility before allowing you back in the United States. Upon return from such travel, TPS beneficiaries retain the same immigration status they had before the travel.
Yes, by applying for work authorization along with your application for TPS with USCIS. If, approved, it will be valid until September 9, 2022.
Yes, you may by applying for advance parole along with work authorization and waiting for the approval of such authorization before traveling. There is always a risk that you may not be admitted back in the United States as a US Customs officer will review your admissibility before allowing you back in the United States. WARNING- if you applied for asylum based on your fear of returning to Venezuela, you should not travel back to Venezuela.
TPS does not convert to a green card. In some jurisdictions however, it can be deemed an admission for purposes of adjustment of status.
Maybe, it depends on which passport you entered with, but you would need to schedule a consultation to discuss with one of our attorneys.
You may apply for both. However, an approval of DED will expire on July 22, 2022 along with work authorization applied for under DED. TPS along with work authorization applied for under TPS can be approved for a longer period, i.e. September 9, 2022. Also, you do not want to miss the initial TPS registration which ends September 5, 2021. If you miss that deadline you will not get TPS in the future.
You will revert back to the same status you had before you were granted TPS, or return to any other lawfully obtained immigration status or category you received while registered for TPS, as long as it is still valid beyond the date TPS terminates.
Yes, there are government fees associated with the filing of TPS and work authorization/advance parole.
Once TPS is approved, you are allowed to remain in the United States and cannot be removed, and are authorized to obtain work authorization so long as you continue to meet the requirements of TPS.
If you are Venezuelan and think you may meet the eligibility requirements for the Venezuela TPS, contact our immigration attorneys today. Maud Poudat and Suzanne Vazquez are both board certified as experts in Immigration and Nationality Law by the Florida Bar and have help many clients with immigration matters, including TPS. Our legal team includes a Hispanic immigration attorney who will be able to help you in English, French and Spanish. Call our Immigration Law Firm today during office hours at (407) 674-6968 and we be glad to evaluate your specific circumstances and advise you of your eligibility for TPS. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly. You may also fill in our online form or send us an e-mail at info@VPImmigration.com and we will get back to you as soon as possible.