Applying for Temporary Protected Status (TPS) as a Venezuelan in New York City
What is TPS and how can eligible Venezuelans apply? PLEASE NOTE TPS EXTENSION
TPS allows individuals from certain countries to remain in the United States and obtain work authorization if it is unsafe for them to return to their home country due to a humanitarian emergency. Due to current legal challenges and ongoing instability in Venezuela, the Biden administration has extended protection to Venezuelans residing in the United States. Eligible Venezuelans can apply for TPS now. The registration period ends on September 5th, 2021.
The Law Office of Robert J. Maher, P.C. is here to help Venezuelans residing in New York with their TPS applications. Call us today for more information: (212) 939-7548.
Who Is Eligible for TPS?
For a Venezuelan to be eligible for TPS, the individual must:
- Be a national of Venezuela, or a person without nationality who last habitually resided in Venezuela
- File during open registration period (March 9, 2021 – Sept. 5, 2021) or meet requirements for late initial filing during any extension of Venezuela’s TPS Designation (must meet late initial filing conditions as specified by the U.S. Citizenship and Immigration Services)
- Have been continuously present in the United States since March 8, 2021 (exceptions may be considered for brief, casual, and innocent departures from the United States, to be determined on a case by case basis by U.S. Citizen and Immigration Services)
- Not have been convicted of a felony
- Not have been convicted of two or more misdemeanors
What is the Venezuelan TPS Application Deadline and when can you apply?
The TPS registration period for Venezuelan nationals was initially open from March 9, 2021 and ended on September 5, 2021. Currently, TPS for Venezuelans has been extended through March 10, 2024. Current EADs “Work
Authorizations” have been extended automatically through September 9, 2023. If you are from Venezuela and currently have TPS, the re-registration dates are September 8, 2022 to November 7, 2022.
Will TPS be extended?
TPS HAS AUTOMATICALLY BEEN EXTENDED THROUGH MARCH 10, 2024. The most recent period of TPS for Venezuelans started on March 9, 2021 and ended on September 9, 2022. THE DEPARTMENT OF HOMELAND SECURITY RECENTLY PUBLISHED NEW REGISTRATION DATES. The dates are SEPTEMBER 8, 2022 to NOVEMBER 7, 2022.
(https://legalaidnyc.org/get-help/immigration-deportation/what-you-need-to-know-about-temporary-protected-status-for-venezuelans/)
What documents are required for the TPS application?
In order to apply for TPS, you will need to prove three things: (1) that you are Venezuelan, (2) that you were residing in the U.S. on March 8, 2021, and (3) that you have been residing in the U.S. continuously since then. The required documentation is as follows:
- Form 1-821, Application for Temporary Protected Status
- Identity and Nationality Evidence to demonstrate your identity and that you are a national of a country designated for TPS (or that you have no nationality and you last habitually resided in Venezuela for TPS):
- A copy of your passport;
- A copy of your birth certificate, accompanied by photo identification
- Date of Entry Evidence to demonstrate when you entered the United States:
- A copy of your passport
- Continuous Residence Evidence: to demonstrate that you have been in the United States since March 8, 2021:
- Employment records;
- Rent receipts, utility bills, receipts or letters from companies;
- School records from the schools that you or your children have attended in the U.S.;
- Hospital or medical records concerning treatment or hospitalization of you or your children; or
- Attestations by church, union or other organization officials who know you and where you have been residing.
- Form I-765, Work Authorization request required if you wish to work
What are the Filing Fees?
- $50 Form I-821 application fee or completed fee waiver application
- $85 Biometrics Services fee or completed fee waiver application
- $410 Work authorization request, Form I-765, filing fee if you wish to work
How to get Legal Assistance with Your TPS Application today:
At the Law Office of Robert J. Maher, P.C., we understand the challenges associated with obtaining temporary protected status. Contact us today to discuss your case and begin the process.
Request a consultation with the Law Office of Robert J. Maher, P.C. by calling (212) 939-7548.
Can I travel with TPS?
If you have TPS, you may be able to travel outside of the United States and return, but you will need to obtain the appropriate travel documents before leaving the country. Specifically, you will need to apply for advance parole, which is a document that allows you to re-enter the United States after traveling abroad.
It’s important to note that if you leave the country without obtaining advance parole, you may not be allowed to return to the United States, and your TPS status may be terminated. Additionally, if you have a pending application for TPS, leaving the country may impact your ability to receive TPS in the future.
Therefore, before you make any plans to travel outside of the United States, it’s important to consult with an experienced immigration attorney to determine your eligibility for advance parole and to discuss any potential risks or issues that may arise.
