TPS Designation for Venezuela

The Biden Administration has designated Venezuela for temporary protected status (TPS), due to a severe political and economic crisis in that country. Effective March 9, 2021, TPS has been granted for a period of 18 months. Qualifying nationals of Venezuela living in the United States as of March 8, 2021, are eligible to apply for permission to remain in the U.S. under the TPS program.

Temporary Protected Status

TPS allows nationals of designated countries to remain in the United States for a specified time, due to conditions in their respective home countries that would prevent a safe return. The types of conditions that can give rise to a TPS designation are the following: armed conflicts, environmental disasters, epidemics, earthquakes, and other extraordinary, temporary conditions. Individuals who are granted TPS are protected against removal (deportation) from the U.S. In addition, they are eligible to apply for work and travel authorization. The TPS period itself is temporary and does not lead to a permanent immigration status.

General Eligibility Requirements

To qualify for TPS under this designation, an individual must be a national of Venezuela or, if the person has no nationality, s/he must have last habitually resided in Venezuela. One also must have been continuously residing in the United States as of March 8, 2021, and must have remained “continuously physically present” in the U.S. since March 9, 2021. The filing deadline is September 5, 2021. More information on the eligibility requirements and application procedure is available on the TPS page of the U. S. Citizenship and Immigration Services (USCIS) website.

Conclusion

The United States has a proud tradition of offering humanitarian relief to foreign nationals during emergency situations. The ongoing crisis in Venezuela has created tremendous challenges for Venezuelans, and this move by the Biden administration should offer a temporary reprieve to eligible Venezuelans.

 

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.