TPS for Venezuelans

New Designation of TPS for Venezuelans and extension!
by Jose Enrique Perez

Yes, President Biden did it again for Venezuelans. Just a few days ago, the government announced the extension of the initial TPS for Venezuelans and a new designation. You should remember that TPS is an immigration status granted to immigrants in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, civil unrest or other extraordinary and temporary conditions.

TPS is granted to eligible nationals of designated countries. The following countries are currently under TPS: Afghanistan, Burma, Cameroon, Ethiopia, Nepal, Honduras, Nicaragua, El Salvador, Haiti, Somalia, Syria, Sudan, South Sudan, Ukraine, Venezuela and Yemen.

In 2021, the Biden Administration announced the designation of TPS for Venezuela on March 9, 2021 and required that Venezuelan eligible individuals were present and continue being present prior to March 8, 2021. The government determined that the designation was warranted because of the current political and civil issues in Venezuela as a result of the Maduro regime. Those temporary conditions would pose a serious threat to the personal safety of Venezuelan nationals if they were required to return to their country. Now, President Biden’s new designation protects with TPS all Venezuelans that have entered the United States prior to July 31, 2023 and with a continuous residence through October 3, 2023.

During the period for which Venezuela has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status or “green card” holder status. When the United States terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS unless that status had since expired or been terminated or to any other status they may have acquired while registered for TPS.

It is really important to understand that TPS is not granted to persons that try to register after the first registration period ends, so if a person of a country that is currently under TPS did not register the first time TPS was assigned, then that person does not qualify for TPS. However, a person may be eligible to file late. For this reason, it is really important you call us to talk to a lawyer about your case.

Timeframe:
2021 TPS
TPS Registration Deadline: March 10, 2024
TPS Expiration Date: September 10, 2025
Employment Authorization Cards (EADs): March 10, 2025
TPS Designation Date: March 9, 2021

2023 TPS
TPS Registration Deadline: April 2, 2025
TPS Expiration Date: September 10, 2025
Employment Authorization Cards (EADs): March 10, 2025
TPS Designation Date: September 20, 2023

You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about immigration policies. Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with this program or any new immigration policies. Each case is fact-specific and therefore similar cases may have different outcomes.

Photo of a man sitting by Henri Mathieu-Saint-Laurent and photo of a family of five by Luis Quintero from pexels.com

Jose Enrique Perez represents individuals in immigration. If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at joseperez@joseperezyourlawyer.com. The Law Office of Jose Perez is located at 659 West Onondaga Street, Upper Level, Syracuse, New York 13204. Now with offices in Buffalo and Rochester as well!!! Please look for my next article in the November edition and stay safe, get vaccinated or boosted and stay away from the Virus. In addition to our current practice of Personal Injuries, Work Accidents, Social Security and Immigration, we now also practice Criminal, Traffic, Family, DWI and Divorce.