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Temporary Protected Status for Venezuelans

What is Temporary Protected Status?

Temporary Protected Status (TPS) can be designated by the Secretary of Homeland Security for countries whose conditions temporarily prevent their citizens from returning safely from the United States. TPS works to prevent eligible groups from being removed from the United States or detained by the DHS based on their immigration status. It can also be used to obtain employment authorization and sometimes travel authorization. 

Venezuela Has Been Granted Temporary Protected Status

As of March 8, 2021, the Biden administration is allowing as many as 320,000 Venezuelans an 18-month period of time to work and live with no threat of being deported. 

Why Did Venezuela Need TPS?

Venezuela’s collapse is said to be “the worst outside of war in decades.” Economists say that the reason for the fall of what once was one of Latin America’s wealthiest countries is due to “poor governance, corruption, and misguided policies of President Nicolás Maduro and his predecessor, Hugo Chávez.” A report from the United Nations investigated what they called “gross violations of humans rights, including extrajudicial executions, enforced disappearances, arbitrary detention, torture and other cruel, inhuman or degrading treatment, including those involving sexual and gender-based violence, committed since 2014” with 94% of Venezuelan citizens currently living in poverty.

black and white photo of the statue of liberty

Requirements for Temporary Protected Status

To apply for Temporary Protected Status as a Venezuelan, you must register between March 9, 2021, and September 5, 2021. You must have resided in the United States since March 8, 2021, and have had a continuous physical presence in the United States since March 9, 2021. 

On-Time Filing & National Of A TPS Designated Country
  • You must file for TPS during the open initial registration or re-registration period or meet the requirements for late initial filing.
  • You must be a national of a country designated for TPS or have habitually resided in a designated country if you have no official nationality.
Continuously Present & Residing in the United States
  • You must have been continuously physically present in the United States since the effective date of the most recent designation date of your country.
  • You must have been continuously residing in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. USCIS will determine whether the exception applies in your case.

What Could Make A Person Ineligible For TPS?

Some people may not be eligible for TPS due to:

Legal Background
  • You have been convicted of any felony or two or more misdemeanors committed in the United States.
Failure to Meet Presence or Residence Requirement
  • You fail to meet the continuous physical presence and continuous residence in the United States requirements.
Inadmissible Status
  • You are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds.
Bars to Asylum
  • You are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity.
Registration Requirements
  • You fail to meet initial or late initial TPS registration requirements.
Failure to Re-Register
  • If granted TPS, you fail to re-register for TPS, as required, without good cause.

Get Help Registering for TPS

Contact Novo Legal today or visit our offices in Denver, Colorado, and Seattle, Washington, if you need assistance in registering for Temporary Protected Status. As an accredited law firm that has years of experience in immigration law, you can get the help you need during these troubling times. Call Novo Legal today at 303-335-0250 or contact our legal team. 

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship.

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