TPS for Venezuelans

TPS for Venezuelans – Yes, Biden did it in two months, not Trump in 4 years!

by Jose Enrique Perez

It has been only 2 months of Biden Administration and the good news for immigrants has been pouring in on a daily basis. Just a few days ago, the Biden administration granted Temporary protected status or “TPS” for Venezuelans. This was Trump’s promise of 4 years; well, just another lie of Trump or his administration.

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: Honduras, Nicaragua, El Salvador, Haiti, Somalia, Syria, Sudan, South Sudan and now Venezuela.

The Biden Administration announced the designation of TPS for Venezuela on March 8, 2021 and requires 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.

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:

  • TPS Registration Deadline: September 5, 2021
  • TPS Expiration Date: September 9, 2022
  • Employment Authorization Cards (EADs): September 9, 2022
  • TPS Designation Date: March 8, 2021

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.

I represent 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 has now moved and is located at 659 West Onondaga Street, Upper Level, Syracuse, New York 13204. Now with offices in Buffalo and Rochester!!! Please look for my next article in the May edition and stay safe, get vaccinated and stay away from the Coronavirus. 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.

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