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I am From Venezuela: Can I Apply for Temporary Protected Status?

I am From Venezuela: Can I Apply for Temporary Protected Status?

Yes, if you are from Venezuela, you can still register for Temporary Protected Status ("TPS"). Originally, the registration period for applying for TPS designation for persons from Venezuela ended in early September 2021. However, on August 3, 2021, the registration period for initial applications under the TPS designation for nationals of Venezuela was extended and now runs through Sept. 9, 2022. See here. A person seeking to file for TPS designation must still meet all eligibility requirements. See below.

The Immigration and Nationality Act allows foreign countries to be designated as locales from which nationals of that country can apply for TPS allowing the person to remain in the United States on a temporary basis. Countries are so designated when a finding is made that extraordinary and temporary conditions in the foreign state prevent its nationals from returning safely. Examples of such conditions included war, civil war, natural disasters, health and/or economic crises, food shortages, and other disruptions.

As noted, TPS designation is temporary. When TPS designation ends, a person returns to his or her previous immigration status or some other immigration status obtained during the period of TPS designation. TPS designation can be granted to nationals of a designated country who was born there or a person without nationality who last habitually resided in the designated country. During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed pursuant to the Deferred Enforced Departure guidelines and are eligible to obtain work authorizations.

To be eligible for Venezuela TPS designation, a person must meet these conditions:

  • Be a national of Venezuela (or be a non-national who has habitually resided in Venezuela)
  • Have continuously resided in the United States since March 8, 2021
  • Have been continuously physically present in the United States since March 9, 2021
  • And not be barred from admissibility on other grounds (such as having been convicted of any felony in the United States, being known as or suspected of being a drug trafficker, etc.)

The designation of Venezuela for TPS was effective as of March 9, 2021 and remains in effect through September 9, 2022. See announcement here.

Application Process

To apply for TPS, persons must file Form I-821. Generally, persons are advised to also file for employment authorization documents using Form I-765. Various documents must be included with Form I-821 including:

  • Proof of Venezuelan nationality
  • Proof of date of entry or other proof of continuous residence since March 8, 2021
  • Proof of continued physical presence since March 9, 2021
  • Photos
  • Application fees (or an application for waiver of fees)
  • And more

Contact Yekrangi & Associates Today

For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.

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