How to Apply for TPS as a Venezuelan in New York City
Legal Assistance for Venezuelans Eligible for Temporary Protected Status
In response to Venezuela’s growing instability – with ongoing economic, health, and political crises and the unavailability of basic needs and services – the Biden administration extended humanitarian protection to Venezuelans currently residing in the United States. This alleviates the threat of deportation that roughly 323,000 faced. However, before eligible individuals can reap the benefits of TPS, they must apply for it.
Who Is Eligible for TPS?
Secretary of Homeland Security Alejandro Mayorkas designated Venezuela eligible for temporary protected status (TPS) in early March, making Venezuela one of 11 countries currently eligible for TPS. However, not all Venezuelans will qualify. For a Venezuelan TPS application to be accepted, the individual must:
- Not have been convicted of a felony
- Not have been convicted of two or more misdemeanors
- Not have left the United States since arriving
- Pass a background check
- Prove they arrived in the United States before March 8, 2021
Those with no nationality who last resided in Venezuela may also qualify, so long as they satisfy these prerequisites.
Venezuelan TPS Application Deadline
Eligible Venezuelans may apply for TPS during the 180 days following the country’s designation for TPS. This makes the deadline September 5, 2021.
Documents Needed to Apply
Applicants will need documents to prove their identity and support their claims that they qualify for TPS. As such, you should be prepared with:
- $50 application fee or completed fee waiver application
- $85 biometrics fee or completed fee waiver application
- A passport or driver’s license
- Form I-821, the TPS application
- Proof that you entered the United States by March 8, 2021, such as a dated visa or plane ticket if you entered with inspection, or timestamped school, medical, work, or utility documents from your life in the United States if you entered without inspection
- Proof of remaining in the country without leaving, such as a school attendance report, work time sheet, or something similar
- Work authorization request, Form I-765, and $410 filing fee if you wish to work
How Temporary Protected Status and Deferred Enforced Departure Differ
On his final day in office, former president Donald Trump issued an executive order that deferred the removal of Venezuelans currently residing within the United States for 18 months. This deferred enforced departure (DED) was an effort to protect the immediate future of Venezuelans in the country, but it lacks some of the privileges that TPS offers. The main differences are:
- Change in immigration status: TPS is an actual immigration status. DED is simply a promise by the government not to deport an individual for a fixed amount of time.
- Discretion: A president can change their mind about DED at any time, whereas a person who is given TPS is protected for the duration of that predetermined period.
- Qualification: Whereas the president can decide when to order DED, the Secretary of Homeland Security will only designate a country for TPS if there is ongoing conflict, natural disasters, or temporary extraordinary conditions.
Still, there are some notable similarities in the two. Both TPS and DED offer protection from deportation and the opportunity to work in the United States.
Legal Assistance with Your TPS Application
Changing your immigration status can be challenging – but it doesn’t have to be. At the Law Office of Patricia M. Machado, P.C., we stay up to date with the latest immigration news and policies. We use this information to provide highly effective counsel personalized to each individual client. Our TPS lawyer can help Venezuelans determine whether they qualify for temporary protected status and guide them forward on the path to obtaining it. Contact us today to discuss your case.