Here is everything you need to know about TPS for Venezuelans
The Biden administration offered humanitarian protection — known as Temporary Protected Status, or TPS — to Venezuelans on Monday that would alleviate the threat of deportation for over 320,000 eligible individuals who have sought refuge in the United States.
The administration determined that Venezuelans qualify for Temporary Protected Status and also vowed to review imposing new sanctions that would further isolate Venezuelan leader Nicolás Maduro. Over 5.4 million Venezuelans have fled their country in recent years, according to the United Nations, among the largest displacement crises in the world.
Here’s everything you need to know about the application process:
Who is eligible and ineligible?
Any Venezuelan national who can prove they arrived in the United States prior to March 8. Individuals will undergo a background check. Anyone who has been convicted of two misdemeanors or one felony is automatically ineligible.
People with dual citizenship from other nations will be considered on a case-by-case basis, immigration experts say.
What documentation do I need to bring?
Proper identification, which could be a passport, driver’s license or a birth certificate.
In addition, the person will need proof of entering the United States before the March 8 order. This could be in the form of an I-94, if the Venezuelan entered with a visa. If the person entered the country without inspection, they may bring school, medical, work, or utility records.
The applicant also needs to prove that they have not left the U.S. since arriving. This could be reflected in school, medical, work, or utility records as well.
When is the deadline?
Eligible Venezuelans have 180 days to apply for the protective status. The deadline is Sept. 5.
Where can I find the application? How much does it cost?
The TPS application — called Form I-821 — can be found online here. It requires a $50 application fee, an $85 biometrics fee and a $410 fee for those seeking work authorization. The work authorization document — Form I-765 — can be found here.
How do I file the application?
Immigration legal experts say to contact an attorney to help process the application. Here is a list of pro-bono organizations listed by the federal government.
If I’m currently in the custody of U.S. Immigration and Customs Enforcement, am I eligible?
Yes. If you are currently in an ICE facility, and qualify under the eligibility requirements, you are eligible for TPS.
Former President Trump issued certain protections for Venezuelans on his last day in office. How is this different?
On his final night in office, President Donald Trump signed an executive order deferring the removal of Venezuelans currently in the United States for 18 months.
Temporary Protected Status is statutory and an actual immigration status, while Deferred Enforced Departure (DED) is a promise not to deport someone for a certain amount of time.
That means that after the cut-off date, the person is deportable again. DED is also discretionary, meaning any president could change his or her mind at any time.
This story was originally published March 9, 2021 at 5:13 PM.
