Temporary Protected Status (TPS) was granted in the Immigration act of 1990 to protect immigrants who were experiencing extraordinary and temporary conditions including epidemics, war, or environmental disasters in their country. The Secretary of the Department of Homeland Security has the power to approve or deny TPS for a specific foreign country. Most recently, Secretary of Homeland Security, Alejandro N. Mayorkas, gave Venezuela TPS for 18 months.
With TPS, it is impossible to be detained by DHS due to your immigration status. In addition to not being removable from the United States, an Employment Authorization Document (EAD) and travel authorization are given to you once this status has been granted. The benefits of TPS are considered to be short-term assistance since it does not lead to immigrant status, permanent card holder, or residential alien.
To apply for TPS under Venezuela’s designation, you must register before the 180-day registration period ends. Send your TPS package with the forms, evidence, and the correct filing fees (or waiver fee) to the appropriate address anytime from March 9, 2021, to Sept. 5, 2021. U.S Citizenship and Immigration Services (USCIS) may accept a late re-registration application if you submit a letter explaining your reason for filing late. A signature is also required on your application. Missing any items such as your signature or the TPS fee can easily have your application rejected.
If USCIS approves your application, they will issue you an Employment Authorization Document (EAD) with an expiration date of Sept. 9, 2022. However, if USCIS denies your application, you can appeal to the USCIS Administrative Appeals Office (AAO) or request an immigration judge to review your case. While waiting on a final decision, the status of your EAD will be extended. If your EAD was already expired during this time, you must request an extension and file an I-765 form.
TPS does not affect asylum or any other immigration benefit. Those with TPS are still eligible to apply for nonimmigrant status and other immigration benefits.
The attorneys at Solano Law Firm are committed to helping anyone with Temporary Protected Status matters. Our immigration lawyers align with the U.S. Citizenship & Immigration Services (USCIS) policies to ensure every right is maintained and honored. Contact us today for a free consultation and an evaluation of your case.