On Monday, March 8, 2021, the Biden administration said that it will allow many Venezuelans who are currently in the country without lawful status to remain because of the humanitarian and economic crisis in Venezuela.

The Department of Homeland Security announced that it is designating Venezuela for Temporary Protected Status (TPS) for 18 months. This designation took effect on March 9, 2021.

Thus, a TPS registration period is now open for many Venezuelans who are in the United States without status. The 180-day registration period for eligible individuals to submit TPS applications began March 9, 2021 and will remain in effect through September 5, 2021.

To be eligible for TPS, you must:

  • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country (Venezuela);
  • File during the open initial registration period or re-registration period (for Venezuelans this is March 9, 2021-September 5, 2021);
  • Have been continuously physically present in the US since the effective date of the most recent designation of your country (for Venezuelans this date is March 9, 2021); and
  • Have been continuously residing in the US since the date specified for your country (for Venezuelans this date is March 9, 2021)

Individuals who are TPS beneficiaries:

  • Are not removable from the United States
  • Can obtain an employment authorization document (EAD)
  • May be granted travel authorization

Once granted TPS, an individual cannot be detained by DHS on the basis of his or her immigration status in the United States.

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:

  • Applying for nonimmigrant status
  • Filing for adjustment of status based on an immigrant petition
  • Applying for any other immigration benefit or protection for which you may be eligible

Call the Scott Law Firm today to determine if you are eligible to apply for TPS during this current registration period!