TPS For Venezuelans In Manhattan

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.

The Law Office of Patricia M. Machado, P.C. is available to help Venezuelans currently residing in New York with their TPS applications. Call us today for more information: (212) 568-4550.

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.

Request a consultation with the Law Office of Patricia M. Machado, P.C. by calling us at (212) 568-4550 or completing our contact form.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with legal guidance.

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“Thanks to the hard work of all the associates and staff of Mrs. Machado’s office I was able to successfully completed my immigration case. The timeline for my case Usually takes Five years thanks God they made it happen in 2 years. The price for their services is very reasonable and they guide you through the process in detail. I will be forever grateful for their commitment and dedication. After 10 years in the USA, I was able to see my family again. Thanks a million again.”

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