Venezuela TPS – Temporary Protected Status

What is Temporary Protected Status (TPS) for Venezuela?

On March 8, 2021, DHS Secretary Mayorkas designated Venezuela for Temporary Protected Status (TPS) due to conditions that would temporarily prevent Venezuelan nationals living in the U.S. from returning safely. This designation currently lasts for 18 months, or until September 9, 2022. Qualifying Venezuelan nationals may be eligible for TPS and Employment Authorization. TPS applications are now available for individuals who meet eligibility requirements.

Background: On January 19, 2021, Former President Trump issued a Deferred Enforcement of Departure (DED) memorandum directing the Department of Homeland Security and Department of State to defer action, meaning not to deport, certain individuals from Venezuela. DED would have allowed those eligible to live and work legally in the US for 18 months. The new TPS designation lasts for a longer period, and ends after DED expires. If you are eligible for both, or if you have already applied for DED, speak with an attorney about TPS.

Eligibility Requirements

  • Must be a Venezuelan National (or noncitizen having no nationality who last habitually resided in Venezuela)

  • Have continuously resided in the United States since March 8, 2021; and

  • Have been continuously physically present in the United States since March 9, 2021

Application Process

1.     Individuals must submit an initial Venezuela TPS application (Form I-821). They may also submit an application for Employment Authorization (Form I-765) concurrently, within the 180-day initial registration period that runs from March 9, 2021, through September 5, 2021.

2.     To apply, you will need proof of Venezuelan Nationality, proof of your date of entry (and method of entry) to the United States, and proof of continuous residence in the U.S. from on or before March 8, 2021.

Contact Community Legal Advocates if you would like a consultation about TPS or any other immigration issue.