On March 8, 2021, Venezuela was designated for Temporary Protected Status (TPS). Through TPS, eligible nationals of Venezuela and individuals without a nationality last residing in Venezuela prior to arriving in the U.S. can apply. If approved, TPS beneficiaries will be protected from removal and receive an employment authorization during the TPS period.
Venezuela was designated for TPS based on current political and economic conditions, in line with the TPS purpose of protecting from removal individuals who would be removed to countries to which they cannot safely return.
TPS for Venezuela will be available until September 9, 2022, with the registration period running from March 9, 2021, until September 5, 2021. Application begins with the Form I-821 and is available to individuals who continuously resided in the U.S. since March 8, 2021, and have maintained continuous physical presence since March 9, 2021.
TPS does not lead to lawful permanent resident status itself, but does not prevent an individual from seeking nonimmigrant status or an immigration benefit available on other grounds.
Moreover, TPS is not available if an applicant was found to have firmly resettled in another country prior to entering the U.S. This depends on whether the individual was offered permanent residency, citizenship, or another form of permanent resettlement. Given large-scale migration from Venezuela to Colombia, this test may prove important. However, individuals with dual nationalities may still qualify for TPS if having entered from Venezuela and represented Venezuela as their operative nationality.
In addition to TPS, Venezuela remains on the list of countries for Deferred Enforced Departure (DED). This defers removal for 18 months, ending close to two months before TPS is set to expire.
Francis Law Center offers a full range of immigration legal help, including relief from removal.
This information is intended to educate and should not be taken as legal advice.
