On March 8, 2021, Secretary of Homeland Security Alejandro N. Mayorkas designated Venezuela for Temporary Protected Status (TPS) for 18 months, until September 2022. This new designation of TPS for Venezuela enables Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.
New Designation Allows Eligible Venezuelans to Apply for TPS and Employment Authorization Documents: https://www.dhs.gov/news/2021/03/08/secretary-mayorkas-designates-venezuela-temporary-protected-status-18-months
As part of our dedication and promise to support our clients and friends, we have developed the following questionnaire with the objective of analyzing your personal information to best determine your eligibility for this benefit. Once we have reviewed the questionnaires, our office will contact potential applicants within 48 hours to inform them of their eligibility as well as discuss any other options they may have in their case.
What is TPS?
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
Who is eligible?
To be eligible for TPS, you must:
You may NOT be eligible for TPS or to maintain your existing TPS if you:
How is TPS different from Asylum?
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:
Asylum grants an applicant authorized stay, so long as the applicant does not work without authorization during the pendency of the asylum application.
Lawful immigration status is distinct from being in a period of authorized stay. Periods of authorized stay are only relevant when determining an alien’s accrual of unlawful presence for inadmissibility purposes. Although an alien in a lawful immigration status is also in a period of authorized stay, the opposite is not necessarily true. Those in a period of authorized stay may or may not be in a lawful immigration status.
Officers consider the difference between lawful immigration status and a period of authorized stay when determining whether an alien is in lawful immigration status for purposes of the INA 245(c)(2) adjustment bar.
When can I apply for TPS?
If you are applying for Temporary Protected Status (TPS) under Venezuela’s designation, effective March 9, 2021, you must register during the 180-day registration period that runs from March 9, 2021, through Sept. 5, 2021. We encourage you to register as soon as possible within the 180-day registration period.
I am in U.S., but my family is not, can they still qualify for TPS if I apply?
All applicants must have continuous residence in the U.S. since March 8, 2021 and continuous physical presence in the U.S. since March 9, 2021.
How long will TPS last?
The designation of Venezuela for TPS is effective on March 9, 2021, and will remain in effect for 18 months, through September 9, 2022.
If I apply for TPS when will I get my work authorization?
If USCIS approves your TPS registration application and you filed Form I-765, Application for Employment Authorization, and paid the fee for an Employment Authorization Document (EAD) (or if USCIS approved your fee waiver request), USCIS will issue you an EAD with an expiration date of Sept. 9, 2022.
What forms do I need to fill out to apply for TPS myself and we here can I find it?
To register or re-register for TPS you must file Form I-821, Application for Temporary Protected Status
When filing an initial TPS application or re-registering for TPS, you can also request an employment authorization document (EAD) by submitting a completed Form I-765, Request for Employment Authorization, at the time of filing Form I-821. You may also file your Form I-765 request separately at a later date. Filing Form I-821 with Form I-765 may help you receive your EAD more promptly if you are eligible.
When you apply, if you are aware that a relevant ground of inadmissibility applies to you and you need a waiver to obtain TPS, please include a Form I-601, Application for Waiver of Grounds of Inadmissibility, with your TPS application package. However, you do not need to file a new Form I-601 for an incident that USCIS has already waived with a prior TPS application. USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest.
What documents will I need to apply?
When filing an initial TPS application, you must submit:
Any document that is not in English must be accompanied by a complete English translation. The translator must certify that:
How much is USCIS charging for TPS?
Please see the chart below for fee information.
What does Canero Lammers charge to process TPS?
Canero Lammers will charge $1,500 plus government fees to prepare and file your TPS and Employment Authorization applications. To apply for TPS, Employment Authorization, and Advance Parole, Canero Lammers will charge $2,000 plus government fees. Rush fees may apply and are determined on a case-by-case basis.
How long will it take to receive my employment authorization document (EAD)?
Our target filing dates for TPS applications is 30-60 days, and per USCIS timelines, they are currenting taking about 3.5 months to adjudicate TPS EADs. Please note, these timelines are always subject to change.
If I get TPS, can I apply for change of status or adjustment of status?
Yes, certain employment and family immigrant visa categories if you entered with inspection and maintained lawful status. And even if you did not maintain status or entered without inspection, you may be eligible to adjust status or change status in the U.S. if you live in one of the following states where TPS is considered grant of admission:
We also anticipate that with TPS we can adjust the status of long pending asylum applicants through employer sponsored petitions. Please contact our office for a consult about your options.
Can I travel with TPS?
If you have TPS and wish to travel outside the United States, you must apply for travel authorization. Travel authorization for TPS is issued as an advance parole document if USCIS determines it is appropriate to approve your request. This document gives you permission to leave the United States and return during a specified period of time. To apply for advance parole, you must file Form I-131, Application for Travel Document. If you are filing Form I-131 together with Form I-821, send your forms to the address listed on the linked page above for your country. If you are filing Form I-131 separately based on a pending or approved Form I-821, check the Direct Filing Addresses for Form I-131 page.
If you leave the United States without requesting advance parole, you may lose TPS and you may not be permitted to re-enter the United States.
If USCIS is still adjudicating your TPS application, you may miss important USCIS notices, such as Requests for Additional Evidence, while you are outside the U.S. Failure to respond to these requests may result in the denial of your application.
We encourage you to read and understand the travel warning on Form I-131 before requesting advance parole, even if you have been granted TPS. If you have been unlawfully present in the U.S. for any period of time, you may want to seek legal advice before requesting advance parole for travel.
Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS finding legal advice webpage.
We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. Visit the Avoid Scams page for information and resources.