Venezuelans Now Eligible for Temporary Protected Status (TPS)

March 10, 2021
Aaron Lawee

On March 8, 2021, the Department of Homeland Security announced it was designating Venezuela for Temporary Protected Status (TPS), effective March 9, 2021, and valid through September 9, 2022. In short, this means that most Venezuelans present in the United States can now apply for protection from removal and a work permit.

What is Temporary Protected Status?

TPS is a designation countries can receive if the Department of Homeland Security (DHS) believes that conditions in that country make it too dangerous to return there. Some common reasons for countries to receive TPS are natural disasters, such as earthquakes or hurricanes, civil war, or other widespread conflict. At the time a country receives TPS designation, any foreign national from that country present in the United States at the time can apply for TPS.

As the name suggests, TPS is temporary. It is generally granted for periods of 12 to 18 months, at which point DHS decides whether or not to renew TPS for that country. Because TPS is based on conditions in the home country, if DHS believes that conditions have improved, it can choose not renew TPS for that country.

What are the Basic Requirements to Obtain Temporary Protected Status?

In order to obtain TPS, you must meet the following basic conditions:

        • -Be a citizen or national of a country that has been designated for TPS
        • -File your TPS application within a certain required time frame, called the initial registration period. In the case of Venezuela, that period is March 9, 2021 through September 5, 2021
        • -Have been continuously present in the United States since the date your country was designated for TPS. In the case of Venezuela, that is March 9, 2021.
        • -You cannot have been convicted of certain crimes
        • -You must meet certain national security requirements

What are the Benefits of Temporary Protected Status?

TPS holders receive the following benefits:

        • -Protection from deportation
        • -A work permit
        • -Eligibility to apply for a travel permit (called advance parole)

Unfortunately, TPS does not provide a direct path to obtaining a green card or citizenship, but it can certainly make it easier to obtain a green card or citizenship in the future.

If you wish to learn more about your eligibility for TPS, please do not hesitate to contact our office at (312) 427-6163.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2023 Minsky, McCormick & Hallagan, P.C. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Minsky, McCormick & Hallagan, P.C.

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