Biden administration grants Venezuelans temporary protected status

On March 8, 2021, Secretary of Homeland Security Alejandro Mayorkas announced that Venezuela will be designated for Temporary Protected Status (TPS) for 18 months, until September 2022.  Through granting TPS to Venezuelans Congress has found a bipartisan solution that protects hundreds of thousands of Venezuelans living in the United States today, recognizing that returning to their home country in the midst of a humanitarian crisis and a global pandemic would be far too dangerous. By designating Venezuela for TPS, Congress can provide temporary but critical stability and certainty for these individuals allowing them relief from deportation and access to work authorization.

If you are applying for TPS under Venezuela’s designation, effective March 9, 2021, you must register during the 180-day registration period that runs from March 9, 2021, through Sept. 5, 2021.  We encourage you to register as soon as possible within the 180-day registration period due to current processing delays in USCIS.

For more information on TPS, please contact our office at 415-399-9490 to speak with an attorney about your case.

 

From USCIS:

What is TPS?

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.  Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

The Secretary may designate a country for TPS due to the following temporary conditions in the country:

·       Ongoing armed conflict (such as civil war)

·       An environmental disaster (such as earthquake or hurricane), or an epidemic

·       Other extraordinary and temporary conditions

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):

·       Are not removable from the United States

·       Can obtain an employment authorization document (EAD)

·       May be granted travel authorization

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:

·       Applying for nonimmigrant status

·       Filing for adjustment of status based on an immigrant petition

·       Applying for any other immigration benefit or protection for which you may be eligible

 

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