TPS for Venezuelans

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:

• Be a national of Venezuela, or a person having no nationality who last habitually resided in Venezuela;
• Have continuously resided in the United States since March 8, 2021, and have been continuously present in the United States since March 9, 2021;
• File during the open initial registration period (between March 9, 2021 and September 5, 2021)
• Do not have a conviction for a felony or two or more misdemeanors committed in the United States
• Not inadmissible as an immigration under applicable grounds in INA section 212(a), including non-waivable criminal security-related grounds;
• Not subject to the mandatory bars to asylum

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.