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Fact Sheet: Temporary Protected Status for Venezuela
Posted on Oct 08 2023
This fact sheet was updated on and is current as of October 3, 2023. It is not legal advice.
On September 20, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation for Temporary Protected Status (TPS) for Venezuela. For existing TPS holders, the extension begins March 11, 2024, and runs through September 10, 2025. For Venezuelans who have never had TPS, the redesignation begins on October 3, 2023, and runs through April 2, 2025. The corresponding Federal Register notice provides information about how to register for TPS as a new or current beneficiary under Venezuela’s extension and redesignation.
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a temporary immigration status granted by the Secretary of the Department of Homeland Security (DHS) to individuals who are unable to return home safely due civil war, natural disaster, or other conditions or circumstances preventing their return to their home country.
During the designated TPS period, TPS holders cannot be deported from the United States and cannot be detained by DHS on the basis of their immigration status. TPS holders are eligible for an employment authorization document (EAD) and for travel authorization.
What does the extension of TPS for Venezuela mean?
If you have TPS under the previous Venezuelan designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period from January 10, 2024, through March 10, 2024. You must also meet the eligibility requirements. The Federal Register notice (FRN) provides further details.
What does the redesignation of TPS for Venezuela mean?
If you are a Venezuelan national and have never had TPS, you can now apply for TPS for the first time if you have lived in the United States continuously since July 31, 2023. You can apply for TPS during the registration period. You must also meet the eligibility requirements. The initial registration period for new applicants under the Venezuelan TPS redesignation begins on October 3, 2023, and will remain in effect through April 2, 2025. The FRN provides further details.
How do I apply for TPS?
People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.
If you have TPS and are applying for an extension of your TPS under the Venezuelan designation your re-registration period runs from January 10, 2024, through March 10, 2024.
If you do not have TPS and are applying for TPS under the Venezuela designation for the first time, your registration period runs from October 3, 2023, through April 2, 2025.
More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN).
Is TPS status given automatically?
No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.
Does TPS Status provide a path to permanent residency?
No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.
Get Help
The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.