Venezuela – Temporary Protected Status (TPS) and Deferred Enforced Departure (DED)

Updates:

• On July 11, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension of Venezuela’s designation for Temporary Protected Status (TPS) for 18 months. This extension will be in effect from Sept. 10, 2022, through March 10, 2024.
• It is time to re-register and the period only lasts 60 days: September 8 – November 7 2022! Please register as soon as possible.
• If you already applied for TPS under Venezuela’s designation, but your application was still pending on Sept. 8, 2022, you do not need to file to re-register. If USCIS approves your pending Form I-821, they will grant you TPS application through March 10, 2024.
• Work permits are auto-extended through September 9, 2023
• Re-registration TPS applications for Venezuela can now be done online: https://www.uscis.gov/i-821

Re-registration information

Make sure to register in time, see information below:

What do I do if I need more information or don’t know how to start?
Speak to an immigration attorney to assess your situation.

Temporary Protected Status (“TPS”)

The TPS initial designation period begins March 9, 2021 and will have a 180-day registration period (September 5, 2021).

Information and Forms needed to apply for TPS
To register for TPS, one must submit the proper form(s) and supporting evidence. The forms and required evidences for TPS are:

• Form I-821;
• Form I-765;
• Proof of continuous residence in U.S. since March 8, 2021; and
• Proof of continuous physical presence in U.S. since March 9, 2021.

Form I-821 is required to apply for TPS. The work permit application is optional, and can be filed either with the TPS application or later on. Be sure to check the filing fee required for your situation.

What are the benefits of TPS?

• May not be removed from the United States
• Authorized to work
• Discretionary travel authorization (Note: Unlike other categories, travel under TPS retains the same immigration status as before travel)

Can TPS lead to Residency (green card)?
TPS cannot directly lead to Residency. Prior to last year, someone with TPS could travel under Advance Parole and upon return, under certain circumstances, be able apply for Residency. Last year, the Trump administration changed their view of the law and said that someone with TPS, who traveled, could not changed their status at last entry. That being said, there are certain parts of the U.S. where having TPS may be enough to seek Residency, even without travel. Please consult with an attorney for more information.

How was it that TPS for Venezuela was designated?
The Secretary of Homeland Security has the authority to designate any foreign state or extend designation of a country with current TPS designation. Part of the process to do so includes review of country conditions at least 60 days before.

What is the fee to apply for TPS?
There is a fee for applying for TPS. Be sure to review the chart carefully so you submit the correct fee. The fee is per person, and not per family:

There is a possibility to seek a fee waiver request, which is a request to not have to pay the fee for certain reasons. If you do decide to file a fee waiver, be sure to do it early enough so that if it is denied, there will still be an opportunity to apply again before the registration time passes.

Where do I mail my TPS application?

Can I apply for TPS if I am in removal proceedings?
Yes, you can apply for TPS if you are in removal proceedings or if you have an appeal before the Board of Immigration Appeals (“BIA”). Be sure to follow the instructions and provide a copy of the Order with your TPS application.

Can I include my spouse, parent or children in my application?
No, each person seeking TPS must submit their own application.

Who does not qualify for TPS?

• Those that cannot meet the requirements above
• Those with certain criminal history

Deferred Enforcement Departure (“DED”)

DED is an administrative stay of removal ordered by the President of the United States. It is not an immigration status, such as TPS, but can provide for the opportunity for a work permit.

Is there an application to apply for DED?
No, there is no application to apply for DED. Anyone who meets the requirements automatically has DED until it lapses or is terminated.

What are the requirements for DED?
All Venezuelans that meet the following requirements qualify for DED and can apply for a work permit:

• Venezuelan national or person without nationality who last habitually resided in Venezuela;
• Present and residing in the U.S. as of January 20, 2021

How do I apply for a work permit under DED?
To apply for a work permit under DED, you must:

• File an I-765, with category (a)(11)
• Submit a fee waiver of fee of $410.00

Where do I mail my DED based work permit application?

Who does not qualify for DED?

• Those who have voluntarily returned to Venezuela or their country of last habitual residence outside the United States;
• Those who have not continuously resided in the U.S. since January 20, 2021;
• Those who are inadmissible (not permitted by law to enter or remain in the United States) on account of:
  • Security (espionage or sabotage)
  • Terrorist activities or association with terrorist organization
  • Serious adverse foreign policy consequences
  • Member of totalitarian party
  • Participant in Nazi persecution, genocide, or commission of torture or extrajudicial killing
  • Recruited or use of child soldiers
• Those that are deportable on account of:
  • Security (espionage or sabotage)
  • Terrorist activities or association with terrorist organization
  • Serious adverse foreign policy consequences
  • Received military-type training from a terrorist organization
  • Participated in commission of severe violations of religious freedom
  • Recruited or use of child soldiers
• Those who have been convicted of any felony or two or more misdemeanors in the U.S.
• Those who:
  • ordered, incited, assisted, or otherwise participated in persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;
  • have been convicted by final judgment of a particularly serious crime (aggravated felony) and constitutes a danger to the community in the United States;
  • have committed a serious nonpolitical crime outside the United States or for who there are serious reasons to believe of committing a serious nonpolitical crime;
  • there are reasonable grounds for regarding the person as a danger to the security of the United States;
  • have firmly resettled in another country prior to arriving in the United States;
• Those who were deported, excluded or removed before January 20, 2021;
• Those who are subject to extradition;
• Those whose presence in the United States is not in the best interest to stay in the United States or present a danger to public safety;

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