On March 8, 2021, the Department of Homeland Security designated Venezuela for Temporary Protective Status (“TPS”). This designation will allow eligible Venezuelans who are present in the United States to apply for TPS and work authorization.
What is TPS?
The Secretary of Homeland Security has the authority to designate foreign countries for TPS based on temporary conditions that prevent a country’s nationals from safely returning. These conditions include ongoing armed conflict, environmental disaster, or other extraordinary temporary conditions.
Individuals who are nationals of TPS designated countries (or stateless individuals who last habitually resided in a TPS designated country) and meet certain eligibility criteria may apply for TPS.
Benefits of TPS include:
- Temporary protection from removal (deportation)
- Eligibility for an employment authorization document (work permit)
- Eligibility for an advanced parole document (travel authorization)
Why was Venezuela Designated for TPS?
Secretary of Homeland Security Alejandro Mayorkas cited to “a complex humanitarian crises marked by widespread hunger and malnutrition, a growing influence and presence of non-state armed groups, repression, and a crumbling infrastructure” in designating Venezuela for TPS.
Who Qualifies for TPS based on Venezuela’s Designation?
To qualify, an individual must:
- Be a national of Venezuela, or a stateless individual who last habitually resided in Venezuela
- File an application for TPS between March 9, 2021 and September 5, 2021
- Be continuously physically present in the United States since March 8, 2021
- Be continuously residing in the United States since March 8, 2021
Certain individuals who meet the generally eligibility criteria still may be ineligible for the program if they have:
- Have been convicted of any felony or two or more misdemeanors committed in the United States
- Are inadmissible as an immigrant under applicable grounds in INA section 212(a), although waivers may apply
- Are subject to any of the mandatory bars to asylum
We Can Help You Apply for TPS
The attorneys at the Fleischer Law Firm LLC are ready and able to help individuals who qualify apply for TPS and employment authorization. Give us a call today.