Can Venezuelans stave off deportation through a U.S. citizen who is an immediate relative?
With the Trump administration eliminating the protected immigration status for more than 300,000 Venezuelans living in the United States, the majority of whom live in South Florida, Venezuelans are scrambling to see how they can fight off deportation.
The Herald asked readers to tell us about their biggest concerns facing Venezuelans. One of the questions asked by many: Can Venezuelans with Temporary Protected Status avoid deportation if an immediate relative — a child, parent, spouse — is a U.S. citizen?.
You may be eligible to apply for a Green Card under the family-based preference categories if you are the following, according to U.S. Citizenship and Immigration Services:
▪ Parents of a U.S. citizen over 21 years of age
▪ A spouse of a U.S. citizen
▪ An unmarried child (under 21) of a U.S. citizen
“Other [relatives] have to wait in line,” said Rebeca Sanchez-Roig, an immigration attorney with Catholic Charities Legal Services of Miami, adding there are lengthier processes available in these circumstances.
To adjust their status, TPS holders would have to provide evidence that establishes their relationship, usually through a birth or marriage certificate, Sanchez-Roig said. They also must have entered the country legally.
If the TPS holder did not enter the country legally, then they have to apply for a Green Card in their home country. If they can’t go back home due to a dangerous political situation, they would have to find a U.S. consulate in a third country that will accept their case.
TPS holders who have U.S. citizen children, Sanchez-Roig said, should be aware that their child has to be of age to claim them.
“In immigration law, 18 isn’t [old enough,]” she said. “21 is the key.”
To date, 80% of immediate relative family cases in Miami are completed in about two years, Sanchez-Roig said. That timeframe, however, can lengthen significantly if the Trump administration cuts back the number of immigration officers as part of its federal government layoffs and firings.
“It’s a basic math problem,” Sanchez-Roig said. “They will have significantly more applications than people to process them.”
With the Trump administration’s decision to end TPS protections for Venezuelans who obtained it in 2023, their protected status ends on April 7. (Another 250,000 or so Venezuelans who received TPS in 2021 have protections through September, for now.)
READ MORE: In a few weeks, hundreds of thousands of Venezuelans will lose TPS. What you need to know
TPS holders in fear of the April cutoff should consider filing for asylum if they qualify under the law, Sanchez-Roig said. With a pending case, they could petition to stay in the country.
For those about to lose TPS, Sanchez-Roig recommended that they find an experienced immigration lawyer who can help them seek alternate legal pathways. She said the community should beware of attorney scams and always verify that their lawyers are qualified through the American Immigration Lawyers Association and the Florida Bar.
“American businesses need foreign nationals,” she said. “And [South Florida] will feel that… financially, fiscally, whether we want to admit it or not.”
The first group of Venezuelan migrants were deported on Monday, after Venezuela made an agreement with the Trump administration to transport deportees back to Caracas.
At a Jan. 31 meeting with a Trump envoy, Richard Grenell, Venezuelan strongman Nicolás Maduro asked the U.S. to lift oil sanctions against Venezuela’s state-owned oil-company, Petróleos de Venezuela, PDVSA, in exchange for accepting the Venezuelan deportees.
A day after the meeting, the Trump administration renewed a license that will allow Chevron USA to produce oil out of Venezuela for six months.
Read More: A Florida tycoon is behind oil-for-migrants deal U.S. reached with Venezuelan strongman
Note: To assist the South Florida community, the Herald is asking readers to share their questions and concerns about immigration policies. Please fill out the form below. What you choose to share will be kept confidential and not published unless a reporter has gotten in touch with you.
This story was originally published February 11, 2025 at 6:20 PM.
