Temporary Protected Status for Venezuelan Nationals

On September 20, 2023, the Department of Homeland Security (DHS) announced an 18-month extension of Venezuela’s Temporary Protected Status (TPS) designation made in 2021 and announced a new designation that would protect more Venezuelan individuals who lack immigration relief and, due to extraordinary and temporary conditions, are unable to safely return to Venezuela. Find necessary information on both TPS designations for Venezuela below.

 

If you already have TPS or have a pending application (Venezuela TPS designation from 2021)

  • Your immigration protection is extended until September 10, 2025 if you re-register and continue to meet TPS eligibility requirements. If you have a pending TPS application from 2021, you do not need to file an additional new application at this time.
  • If you applied for TPS in 2021 and do not have an application pending, the period to renew your TPS is 60 days, which begins on January 10, 2024, and ends on March 10, 2024.
  • DHS recognizes that it is possible that not all re-registrants will receive a new Employment Authorization Document (EAD) before their current document expires. To ensure that the employment authorization of these re-registrants does not expire, U.S. Citizenship and Immigration Services (USCIS) has automatically extended until March 10, 2025 the validity of certain EADs previously issued to current 2021 Venezuelan TPS beneficiaries.
  • USCIS will continue to process pending applications filed under the 2021 Venezuelan TPS. If you have an initial application for Venezuelan TPS (Form I-821) or an Application for Employment Authorization (Form I-765) pending as of October 3, 2023 under 2021 Venezuelan TPS, you do not need to file either application again. If your pending Form I-821 is approved, you will be granted TPS until September 10, 2025. Similarly, if they approve your pending Form I-765 related to the 2021 TPS, they will issue you a new EAD that will be valid until September 10, 2025.

 

If you do not have TPS and want to apply (Venezuela TPS designation of 2023)

  • If you do not currently have TPS and wish to file an initial application, you may do so under the new Venezuela TPS designation of 2023.
  • You are eligible to apply if:
    • You are a national of Venezuela (or you have no nationality and your last residence was in Venezuela).
    • Established U.S. residency on or before July 31, 2023 and has continued to reside in the United States since then (“continuous residency”).
    • You have been physically present continuously in the United States since October 3, 2023.
  • Under Venezuela’s new 2023 TPS designation, eligible individuals who do not have TPS may file Form I-821 Application for Temporary Protected Status during the initial registration period that began last October 3, 2023 through April 2, 2025. You may apply for an Employment Authorization Card (EAD) related to 2023 TPS by filing Form I-765 Application for Employment Authorization.
  • Venezuelan individuals who receive TPS approval for the first time under the 2023 Venezuelan TPS will receive protection from deportation and an employment authorization card until April 2, 2025.

 

We suggest that you consult this presentation provided by USCIS to learn more about TPS for Venezuela and the application process. For personalized advice you should consult an attorney you trust. Be careful not to become a victim of fraud. If you would like to access contacts in your area, please send a message to [email protected].

Source: USCIS Temporary Protected Status https://www.uscis.gov/es/programas-humanitarios/estatus-de-proteccion-temporal/pais-designado-al-estatus-de-proteccion-temporal-venezuela

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