On March 8, 2021, the Biden Administration designated Venezuela for Temporary Protected Status (TPS) for 18 months, until September 2022.
What is TPS designation?
- This designation allows Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.
What are some of the benefits of being granted TPS?
- You are not removable from the United States
- You can obtain an employment authorization document (EAD)
- May be granted travel authorization
What are the eligibility requirements for TPS?
1. Be a national of Venezuela, or a person without nationality who last habitually resided in Venezuela. Some of the evidence showing nationality may include the following:
- Copy of Passport
- Copy of Birth certificate accompanied by photo identification and/or Any national identity document bearing your photograph and/or fingerprint issued by your country, including documents issued by your country’s Embassy or Consulate in the United States, such as a national ID card or naturalization certificate.
2. Continuous Residence in U.S. Since March 8, 2021. Evidence showing date of entry may include the following:
- A copy of your passport
- I-94 Arrival/Departure Record
3. Continuous Physical Presence in U.S. Since March 9, 2021. Evidence showing continuous physical presence may include the following:
- employment records;
- Rent receipts, utility bills, receipts or letters from companies;
- School records from the schools that you or your children have attended in the U.S.;
- Hospital or medical records concerning treatment or hospitalization of you or your children; or
- Attestations by church, union or other organization officials who know you and where you have been residing.
4. Not have been convicted of any felony or two or more misdemeanors committed in the United States
What is the deadline to apply for TPS?
- Venezuelans must register during the 180-day registration period that runs from March 9, 2021 through Sept. 5, 2021.
Do I need to apply for TPS and also apply for a work employment documents (EAD) at the same time?
- It is not mandatory to apply for both TPS and EAD at the same time, but it is advisable to apply for both. If you apply for TPS only, you will not receive your EAD, and so you will not be allowed to legally work in the United States.
- If you apply for both TPS and EAD, your EAD will be valid until Sept. 9, 2022.
For more information regarding TPS for Venezuelans, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com
