The United States government has taken a significant measure that will profoundly impact the Venezuelan community in the country. The extension of Temporary Protected Status (TPS) for Venezuelans has been announced with the aim of providing support to those fleeing "extraordinary and temporary conditions in Venezuela that prevent people from safely returning." This decision is a ray of hope for many seeking a safe haven on American soil.
Before this announcement, TPS was available only to Venezuelans who could demonstrate continuous presence in the United States since March 9, 2021. Now, things have changed. The TPS extension has broadened the horizon, allowing temporary protection against deportation and employment authorization to be granted to Venezuelans who were in the United States before July 31, 2023.
This decision is based on a careful assessment of the situation in Venezuela. Secretary of Homeland Security Alejandro Mayorkas stated that the extension and redesignation of TPS are justified due to the increasing instability and lack of security in Venezuela, exacerbated by persistent humanitarian, security, political, and environmental conditions in the country.
What does this TPS extension entail and who does it benefit?
TPS is a temporary immigration status in the United States that offers protection against deportation for those already in the country. With this new extension and redesignation, TPS will benefit Venezuelans who arrived before July 31 of this year.
However, it's important for Venezuelans to understand that those who arrived after July 31, 2023, will not be eligible for this protection and may face deportation when it's determined that they lack a legal basis to stay in the United States
Requirements for applying for TPS include demonstrating Venezuelan citizenship or that their last habitual residence was in Venezuela on the specified date. Additionally, individuals with convictions for crimes in the United States or those deemed inadmissible will not be eligible for TPS. It is also essential to meet the requirements of continuous physical presence and residence in the United States.
How to initiate the application process?
To register for TPS, individuals must submit Form I-821 to the United States Citizenship and Immigration Services (USCIS). Filing fees vary based on age. Those under 14 can expect to pay around $50, while individuals aged 14 to 65 must pay approximately $545.
An essential part of the process is applying for a work permit using Form I-765. The specific filing deadline will be announced in the Federal Register and has not yet been made public.
To further expedite the process, starting from October 1, USCIS will accelerate the processing of Employment Authorization Document (EAD) applications for individuals who scheduled an appointment through CBP One. Additionally, USCIS will extend the maximum validity period of initial and renewal EADs to 5 years for certain non-citizens, including those admitted as refugees and asylum seekers. This will reduce the frequency with which non-citizens must apply for EAD renewal.
The TPS extension represents a significant opportunity for the Venezuelan community in the United States, providing them with protection and the opportunity to build a safer and more stable future in a new country. It is crucial for those who meet the requirements to follow the proper procedures to take advantage of this valuable opportunity.
This information is for informational purposes only. It is not advice or legal advice.
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