Franco Law Firm

TPS for Venezuelans

03/16/2021
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ALL YOU NEED TO KNOW!

The United States government announced this Monday, March 8, that TPS (Temporary Protected Status) is now a fact for the thousands of Venezuelans residing in the country. Beneficiaries of these types of programs receive protection from deportation and temporary work permits. Thus, Venezuela joins the list of ten countries protected under TPS, among which are El Salvador, Haiti and Honduras.

The measure approved by President Joe Biden has an initial validity of 18 months, although this initially designated time can be extended, and could benefit more than 320,000 Venezuelans currently residing in the United States, according to the government.
 

“Living conditions in Venezuela reveal a country in chaos, incapable of protecting its own citizens,” Alejandro Mayorkas, secretary of the United States Department of Homeland Security, declared this Monday.
 

Former President Donald Trump had already announced on the penultimate day of his presidency a measure that suspended the deportations of Venezuelans for 18 months, but he did not include Venezuela in the TPS, despite the insistence of legislators.
 

More than four million Venezuelans have left their country since 2015 due to the acute socioeconomic crisis that Venezuela is currently experiencing, in some cases classified as a humanitarian crisis.
 

According to the United Nations, more than 800,000 Venezuelans have requested asylum around the world.
 

What benefits does TPS provide?
 

TPS is a temporary immigration status granted to nationals of the designated country or to eligible persons without nationality who resided in that country before entering the United States. The government explains in a  document  released this Monday by the Department of Homeland Security of the US government. 

The decree explains that, during the period of validity (18 months in the case of Venezuelans), the beneficiaries qualify to remain in the United States, cannot be removed from the country and are authorized to work “as long as they continue to meet the requirements of TPS.” 

TPS is assigned to countries that qualify under these circumstances:

  • Armed conflict
  • Natural disaster, epidemic, hurricane or earthquake
  • Other extraordinary and temporary conditions

Applicants can also opt for a travel permit, which is granted at the discretion of the government. 

It is also important to know that TPS does not qualify for permanent residence or citizenship. 

Requirements :

  • Venezuelans who have continuously resided in the United States before or during March 8, 2021.
  • People without Venezuelan nationality who had their last habitual residence in Venezuela before arriving in the United States are also eligible.
  • Those interested must submit their application within the next 180 days (until September 5, 2021).
  • “All TPS applicants will undergo security and criminal background checks as part of the process to determine their eligibility,” the government indicates.
  • The TPS comes into force for Venezuela on March 9 of this year and ends on September 9, 2022. Although the first decree dictates a validity period of 18 months, this period can be extended.
  • Applicants must provide evidence that they were present in the United States. for the designation date and pay US$50 to enter the form and an extra US$410 is required to request work permits.
  • “Immigrants can submit applications if they entered the United States. without authorization or with a temporary visa that expired.”
  • “Those who have a valid temporary visa or other nonimmigrant status, such as a foreign student, also qualify,” says the report published by the Department of Homeland Security.

Most potential beneficiaries of the TPS program have been living in the United States for at least two decades, according to a report from the Pew Research Center. 

What difference is there with respect to Trump’s policy? 

Trump ordered on January 20 to defer for 18 months, with some exceptions, the deportations of Venezuelans present in that country.

 Also, former President Trump asked the Department of Homeland Security to take steps to authorize the employment of the beneficiaries during that period. 

More information:  Trump Orders Postponing the Deportation of Venezuelans 

Unlike former President Trump, Joe Biden’s government, under the decree issued this Monday, states that all those Venezuelans who apply to Trump’s order and who consider that they are eligible for TPS, can submit their application for this benefit.

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