As of 10 October 2023.
A people-powered win! After much advocacy, the campaign for TPS for Venezuela has claimed victory with the extension and redesignation of temporary protected status for Venezuela.
Fill out the survey below to connect with CASA’s Legal Department and find out if you are eligible to benefit.
Get answers for commonly asked questions in the FAQs below.
What is Temporary Protected Status (TPS)?
TPS is a temporary legal status established by Congress as part of the Immigration Act of 1990 for people from designated countries fleeing armed conflict, environmental disaster, or other extraordinary circumstances that prevent them from safely returning to their home countries. Once a country is designated for TPS, nationals from that country who are already living in the US may apply. TPS recipients must regularly re-register to maintain their status for as long as the designation continues.
Benefits include:
- Protection from deportation. You cannot be deported while maintaining TPS, as long as you do not commit a crime or otherwise violate your TPS status.
- Protection from immigration detention. You cannot be detained by ICE while you have TPS status as long as you do not commit a crime or otherwise violate your TPS status.
- Work authorization. You are eligible to apply for work authorization.
- Apply for Permission to Travel. You can apply to travel outside the United States. Please note that this is not automatic and requires a separate application from your TPS application, after you have been approved for TPS. CASA recommends consulting with an attorney before traveling outside of the United States.
- No Unlawful Presence. You will not acquire unlawful presence (which can affect applications in the future and other immigration relief that you may qualify for in the future) during the period that you have TPS.
When was Venezuela designated for TPS?
Venezuela was initially designated for TPS on March 9, 2021. On September 20, 2023, the U.S. government announced the extension and redesignation of Venezuela for TPS for 18 months due to extraordinary conditions, such as environmental disaster and political crises, that prevent individuals from safely returning. The “extension” means that current TPS recipients from Venezuela will be able to keep their TPS status until at least September 10, 2025, but they must first submit an application (re-register) to the government to keep their status. The “redesignation” means that those who did not previously have TPS can now apply for TPS, if they were residing in the U.S. on July 31, 2023.
What are the requirements for applying for TPS?
In order to apply, you must:
- Be a national of Venezuela (or a noncitizen without a nationality who last habitually resided in Venezuela)
- Have continuously resided in the US since July 31, 2023
- Have been continuously physically present in the US since October 3, 2023
- File your TPS application by the deadline
When must I re-register for TPS?
From January 10, 2024, through March 10, 2024.
What happens if I fail to re-register during the 60-day registration period?
Failure to re-register properly within the 60-day re-registration period may result in the withdrawal of your TPS. Therefore, it is very important that you re-register properly as soon as possible during the 60-day re-registration period.
When can I submit an initial application for TPS for Venezuela?
From October 3, 2023, through April 2, 2025.
What supporting documents do I need to file with my TPS re-registration?
In addition to a completed form I-821 and form I-765 if applying for a work permit, individuals must provide evidence of their identity and nationality, date of entry to the United States, and continuous residence.
How much does it cost to submit an initial application for TPS?
- The TPS application costs $50 (regardless of age) and $85 for biometrics (if you are older than 14) for a total fee of $135. If you are over 14 and younger than 66 and are also applying for work authorization, there is an additional $410 fee (for a total of $545).
- Everyone has to apply individually for TPS (you cannot apply for your children or other family members).
- CASA is offering free legal consultations to CASA members. If CASA is able to assist you with your TPS application, there will be an additional $150 fee to cover our costs.
What is the fee for renewing my work permit?
If you are filing to re-register for TPS AND renew your work permit and you are over 14, you must pay a fee of $495 to the government ($410 filing fee + $85 biometrics service fee). You must include a check or money order for exactly $495 made payable to U.S. Department of Homeland Security. If you are under 14, you must pay a fee of $410.
Can I apply for Permanent Residency or Citizenship as a TPS recipient?
No. TPS is not a path to permanent residency or citizenship.
Who is NOT eligible for TPS?
You are not eligible for TPS, even if you meet the basic requirements, if you:
- Have been convicted of any felony or two or more misdemeanors committed in the US
- Are found to be inadmissible under criminal and security related grounds that are not waivable
- Are subject to any of the mandatory bars to asylum, such as participation in the persecution of another individual or engaging in terrorist activity.
CASA recommends consulting with an immigration attorney before you apply for TPS.
What if I already have a Work Permit, do I have to apply for a new one?
If you have a work permit under a different category (for example, pending asylum application), and the benefit associated with that category has not been decided, then you may not need to apply for a work permit associated with TPS.
Do I need a lawyer to apply for TPS?
No. However, there is legal analysis that needs to be done in order to verify that you are not inadmissible and that you do not have any other barriers to filing for TPS. CASA recommends consulting with an immigration attorney prior to filing for TPS.
As a member of CASA, can I receive application assistance?
CASA is offering free consultations for our members to help guide you through the TPS process. Depending on where you live, we may also be able to represent you on your initial TPS application, or on your renewal (if we represented you in your initial application for TPS). CASA’s fee for representation on your TPS application is $150.
To receive a consultation and/or assistance on the TPS process, please visit https://wearecasa.org/updates/tps-venezuela/
