TPS for Venezuelans: Everything you need to know

If you are Venezuelan and are in the United States without permanent immigration status, Temporary Protected Status (TPS) may be an option for you. This program gives you the opportunity to legally reside and work in the US for as long as your country is designated for this benefit.

Here we provide you with a complete guide on what you need to know about TPS.

What is TPS?
Temporary Protected Status (TPS) is a status granted by the United States government that allows foreign nationals to live and work legally in the country. This status is valid for 18 months and allows you to apply for a work permit and a Social Security number. Furthermore, you can renew it for as long as Venezuela remains designated as a recipient of this benefit.

When can I apply for TPS?
The timing for applying for TPS depends on whether you have had this status previously or if this is your first time applying.

If you already had TPS according to the March 9, 2021 announcement for Venezuelans, you can apply during the 60-day period between January 10, 2024 and March 10, 2024.

If this is your first time applying based on the announcement of October 3, 2023 (Venezuela 2023), you can do so during the 18-month period from October 3, 2023 to April 2, 2025.

How long will TPS be valid for if I am approved?
The validity period of TPS depends on when you submit your application.

If you renew under Venezuela 2021, TPS will be valid until September 10, 2025.

If you apply under Venezuela 2023, TPS will be valid until April 2, 2025.

It's important to note that the government may extend TPS for Venezuela. If you are an approved beneficiary during the current registration periods, you will need to renew your registration during the next available period.

What happens when my current work permit expires?
If you are a beneficiary of TPS Venezuela 2021 and your current work permit is about to expire, the Department of Homeland Security is automatically extending your permit until March 10, 2025. However, to maintain your TPS and your authorization to work, you must renew your TPS Venezuela 2021.

What makes you ineligible for TPS?
Not to reside continuously in the U.S. since March 8, 2021 (for Venezuela 2021) or since July 31, 2023 (for Venezuela 2023).

Not having been convicted of any serious crime or multiple misdemeanors in the U.S.
If you have had any run-ins with the law, it is important to obtain a Certificate of Disposition for each case and consult with an immigration law expert before applying for TPS.

Temporary Protected Status (TPS) offers an invaluable opportunity for Venezuelans in the United States without permanent immigration status. However, understanding the requirements and procedures is essential to effectively access this benefit. If you meet the established criteria, TPS can provide the stability and security you need at a crucial time in your life.

Extension of work permits and TPS for Venezuelans

The extension allows beneficiaries to maintain their Temporary Protected Status (TPS) and Employment Authorization Documents (EADs) until March 2024.

Through the U.S. Citizenship and Immigration Services (USCIS) website, the Department of Homeland Security (DHS) announced that existing TPS beneficiaries from Venezuela can re-register to maintain and renew their Employment Authorization Documents.

The Secretary of Homeland Security, Alejandro N. Mayorkas, previously announced the 18-month extension of Venezuela's TPS designation.

Given the processing times for TPS re-registration applications, the Department of Homeland Security acknowledges that not all re-registered individuals may receive new EADs before their current ones expire tomorrow (September 9, 2022). The agency clarified that it will automatically extend the validity of EADs until September 9, 2023.

Furthermore, those re-enrolling must do so during the 60-day re-enrollment period that runs from September 8, 2022 to November 7, 2022. They must also continue to meet the "eligibility requirements," meaning they must not have a criminal record and meet other requirements that could prevent them from obtaining immigration protection. 

Approximately 323,000 people are eligible for Temporary Protected Status (TPS) under Venezuela's initial designation, to join this program that seeks to protect citizens of countries experiencing violence and insecurity or that have suffered a natural disaster. However, only about 111,700 Venezuelans have applied for this immigration relief. 

USCIS will continue processing pending applications filed under Venezuela's initial TPS designation. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a Form I-765, Application for Employment Authorization Regarding TPS, they do not need to resubmit any of the applications. 

Likewise, he reported that if one of the aforementioned forms is approved, this immigration relief will be provided until March 10, 2024, and a new EAD valid until March 10, 2024 will be issued.

Venezuelans who are currently eligible under the existing designation but have not yet applied for TPS must submit their applications by September 9, 2022. Finally, Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS.

With information from: USCIS 

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