Venezuelan TPS - FAQs

Registering for Venezuela's TPS

The 18 months start march on March 8th. The work permit will be valid for the period for which the TPS has been approved which is 18 months from March 8, 2021.

As of March 9, 2021, eligible nationals of Venezuela (or individuals having no nationality who last habitually resided in Venezuela) can submit an initial registration application under the designation of Venezuela for TPS and apply for employment authorization, up until September 5, 2021.

We encourage everyone that is eligible to register now, or you could lose the opportunity. There are TPS for other countries such as Haiti and Nicaragua, that have been renewed for 10 years or more. TPS is not a final solution since it does not lead to a green card, but it is a great one when you don't have any other option.

You may apply for both. However, an approval of DED will expire on July 22, 2022 along with work authorization applied for under DED. TPS along with work authorization applied for under TPS can be approved for a longer period, i.e. September 9, 2022. Also, you do not want to miss the initial TPS registration which ends September 5, 2021. If you miss that deadline you will not get TPS in the future.

Yes! In fact, it is recommended. We encourage you to register for TPS because if your asylum application is denied you would be without status and would need to leave. Instead, if you had registered for TPS, you would be protected.

Maybe, it depends on which passport you entered with, but you would need to schedule a consultation to discuss with one of our attorneys.

Unfortunately, no. The TPS application is individual and each applicant needs to meet the requirements. If your spouse was not here on March 9th, she doesn’t meet the requirements.

It is difficult to give a definite answer without knowing other details of your specific case, but it sounds like you may meet all the requirements: you're a Venezuelan, you've been living here and you were physically present and continuously residing whether or not you're in status or on an extension. That is not g going to prevent you from applying.

No.

It is important to have an attorney to ensure that you are eligible and understand the implications of the information you provide to the government and how this application may impact any other applications you may have previously made. Your filing could also be rejected if you do not correctly complete the forms, there is lack of evidence, or make mistakes which could cause you to miss your deadline or delay your ability to obtain work authorization.

Yes, there are government fees associated with the filing of TPS and work authorization/advance parole.

Any document written in foreign language and submitted with an application must be accompanied by a translation. It does not need to be an official translation from the U.S embassy. However, the translators need to complete a certificate of accuracy stating that they are fluent in both languages and that they translated the documents. You should accompany your application with a copy of the original language, the translation and the certificate of the translation. Please do not send the original documents, always keep a complete copy of your filing, use mail tracking and do not use money order. Instead, use a check. This will allow you to trace everything.

 

General Questions

No, any eligible national of Venezuela (or individuals having no nationality who last habitually resided in Venezuela) can submit an initial registration application under the designation of Venezuela for TPS and apply for employment authorization.

It is a temporary immigration status granted to eligible nationals of a country designated for TPS under the Immigration laws of the United States, or to eligible persons without nationality who last habitually resided in the designated country.

  • Be a national of Venezuela, or a person having no nationality who last habitually resided in Venezuela;
  • have continuously resided in the United States since March 8, 2021, and have been continuously present in the United States since March 9, 2021;
  • file during the open initial registration period (between March 9, 2021 and September 5, 2021);
  • do not have a conviction for a felony or two or more misdemeanors committed in the United States;
  • not inadmissible as an immigration under applicable grounds in INA section 212(a), including non-waivable criminal security-related grounds;
  • not subject to the mandatory bars to asylum

There are many advantages to TPS including protection from removal, work permit and available advanced parole if you need to travel.

Once TPS is approved, you are allowed to remain in the United States and cannot be removed, and are authorized to obtain work authorization so long as you continue to meet the requirements of TPS.

Yes. You can obtain a driver’s license if you apply for TPS and your application is approved.

Currently, there are no path from TPS to a green card. In some jurisdictions however, it can be deemed an admission for purposes of adjustment of status. Although TPS by itself does not give you the green card, it will not affect your green card application in the future if, for example, you get married to an American citizen or if your employer wants to do a PERM labor certification for you.

President Biden’s proposal includes a path to permanent residency for those on TPS.

 

Resettlement

Sometimes we have some Venezuelans who moved from Venezuela to another country from where they are also citizens, and lived for several years before coming to the U.S. In this case the government could argue that they resettled in the other country prior to coming here. This can be considered as a firm resettlement and the TPS application could be denied.

Sometimes we have some Venezuelans who moved from Venezuela to another country from where they are also citizens, andIt depends on the status you had while living in that country. Were you just visiting? Were you there studying? Or were you there in as a Colombian living in Colombia? Everybody's situation is different. These are typically considered in a case-by-case basis. So you want to make sure that you meet with a qualified AILA immigration attorney who can guide you and prepare your case properly.

It depends. An applicant must prove that there was NOT firm resettlement in a third country. Would need to evaluate the reason in Colombia, the status maintained, etc… Prior to applying please consult with an AILA attorney.

 

Work Permit

Yes, by applying for work authorization along with your application for TPS with USCIS. If, approved, it will be valid until September 9, 2022.

Eveything is very new now but work permit through the DED might be faster one since a lot more people are going to apply for TPS than for DED. So registering for TPS and maybe filing for the work permit with DED now might save you some time. However, everybody's case is different, and you should share the specifics of your case with your attorney.

If you have a pending asylum application, you do not need another work permit because you have the right to work with your asylum application.

Yes, absolutely. And that is why we suggest you register now. Don't lose this opportunity even if you have an asylum pending.

 

Students

If you just want to study and you don't want to work, we suggest you to just register without paying for the work permit. Your F1 status is going to eventually end and registering for TPS now would allow you in the future to stay in the U.S. and seek a work permit if you don't have a job offer or if you don't have OPT at the time. In few words, once your studies are completed you will no longer have an F1 status. At that point, if you registered for TPS, you will be protected and will not have unlawful presence.

No. Technically speaking Temporary Protected Status is not a status so you cannot change from F1 to TPS. You can fall out of your F1 status, you can violate your F1 status but cannot change to TPS. So, if you do fall out of status, or you violate your status, you will be protected under TPS as long as you registered during the initial registration period and TPS is valid.

Just because you have a work permit under TPS it does not mean that you have the right to work under your F1 status. To preserve your F1 status you need to do the same things you've been doing before TPS: same caseload and same restrictions, which includes that you must continue attending classes and you cannot work. You could always get your TPS work permit later, or you could even do it now. Getting the permit is not a violation of your F1 status, as long as you do not actually work. This could be an advantage since when you need it in the future, it could take 4 to 6 months to obtain it.

If in the future you want to get an H-1b without leaving the U.S., for example, this might be pursued if you maintained your F1 status.

No. Registering for TPS does not cause you to lose the status. However, if you get the work permit and work you could violate your F-1 status and fall out of status.

The short answer is no. Just applying for TPS doesn't necessarily make you “in state” for tuition purposes. We encourage you to contact your registrar's office to see if you would qualify for reclassification of your residency status for tuition purposes.

If you maintained your f-1 status you can stay in your f-1 status. If you stopped going to class or violated your status then you're not going to revert back to the status that you were in before TPS, and you should see an attorney to evaluate your options.

Yes. There are no restrictions on the status. You can seek the TPS if you are on J-1 or J-2.

That's completely your personal choice to what you want to commit to. However, if you're considering not maintaining your F1 status we suggest you at least wait until your TPS is officially approved.

TPS registration DOES NOT affect your status, your actions do. If you violate or fallout of status because for example you finished your studies and the F1 status does not apply to you anymore, you will not accumulate unlawful presence because of the fact that you registered for TPS.

 

Traveling

Yes, you may, by applying for advance parole along with work authorization and waiting for the approval of such authorization before traveling. There is always a risk that you may not be admitted back in the United States as a US Customs officer will review your admissibility before allowing you back in the United States. Upon return from such travel, TPS beneficiaries retain the same immigration status they had before the travel. if you're an asylee, or you have criminal history, or you entered the country without inspection, or other complicated situations, we strongly encourage anyone on TPS to consult an attorney before travelling internationally to make sure there is safe to do the trip.

Only if the advance parole document is approved before you travel. Advance Parole does not guarantee reentry. There is always a risk that you may not be admitted back in the United States as a US Customs officer will review your admissibility before allowing you back in the United States.  WARNING- if you applied for asylum based on your fear of returning to Venezuela, you should not travel back to Venezuela. Prior to travel, you should consult with an attorney.

There are a lot of things to consider and having a valid status and a valid visa are only some of them. You want to maintain continuous residency since it is one of the requirements of TPS. We would suggest everybody in a COVID world to avoid doing this and to consult with an attorney if you must travel. You might get stuck outside for longer than planned which it might affect your continuous residency

 

After TPS

In most cases, especially for countries where there doesn't look like there is going to be a change with a peaceful resolution in the near future, there's a strong likelihood that the same administration is going to extend TPS for an additional 18-month period.

You will revert back to the same status you had before you were granted TPS, or return to any other lawfully obtained immigration status or category you received while registered for TPS, as long as it is still valid beyond the date TPS terminates.

The short answer is no but if there is any fraud or improper information involved it can follow you throughout your immigration life in the U.S.

Applying for TPS won’t negatively impact your ability to get it tourist visa in the future, but of course there are other factors that would need to be taken into consideration to answer this question like for example, what was your status when you applied for TPS? Did you fall out of status? Did you have an immigration visa pending? Did you have an asylum application pending? Each case is different.

Having TPS will does not affect your status and will protect you against accumulating unlawful presence. This is VERY important because if you want to apply for example for an H-1B visa in the future without leaving the country, you still need to meet the eligibility requirements and the eligibility. PERM is a very complex process in the n which even the perm the Department of Labor is involved, and you will need to meet all its requirements, but TPS will not affect it in any way.

 

Immigration Law