WHAT YOU NEED TO KNOW ABOUT TPS AND DED FOR VENEZUELA

DHS Designates Venezuela for Temporary Protected Status (TPS) for 18 months!

On March 9, 2021, the Department of Homeland Security designated Venezuela for TPS for 18 months, from March 9, 2021 through September 9, 2022.
TPS is a temporary immigration status granted to eligible individuals who register for the status.

Eligibility

Individuals who are Venezuelan nationals, or noncitizens having no nationality who last habitually resided in Venezuela; who have continuously resided in the U.S. since March 8, 2021; and who have been continuously physically present in the U.S. since March 9, 2021, may be eligible to register for TPS. Some individuals may be ineligible under certain barring crimes and offenses.

Registering for TPS
Eligible individuals must register for TPS. To register, individuals must submit a complete application (Form I-821), with required documentation and applicable filings fees, or a request for a waiver of those fees, to the U.S. Citizenship and Immigration Services (USCIS) within the 180-day registration period, from March 9, 2021 to September 5, 2021.

TPS-Related Work Authorization
Individuals who successfully register and are granted TPS will be authorized to work until September 9, 2022. Although not required, to obtain proof of work authorization, an Employment Authorization Document (EAD), eligible individuals must submit a complete application (Form I-765), with required documentation and applicable filing fees, or a request for a waiver of those fees, to USCIS.


DHS Implements Deferred Enforced Departure (DED) for Venezuela!

On March 9, 2021, the Department of Homeland Security implemented DED for Venezuela through July 20, 2022.
On January 19, 2021, DED was designated for Venezuela through July 20, 2022. While DED is not an immigration status, it is an administrative stay of removal, preventing removal from the U.S.

Eligibility

Certain individuals who are Venezuelan nationals, or noncitizens having no nationality who last habitually resided in Venezuela, and who have continuously resided in the U.S. since January 20, 2021 may be eligible for DED. Some individuals may be ineligible for DED under certain exceptions and barring offenses.

Automatic DED Protection
Unlike TPS, individuals eligible for DED do not need to register for DED. Eligible individuals are automatically granted DED for the designated period. However, individuals who are eligible for DED and believe they are also eligible for TPS should apply for TPS during the registration period, ending on September 5, 2021.

DED-Related Work Authorization
Individuals who are eligible for DED and would like to request work authorization, an EAD good through July 20, 2022, must submit a complete application (Form I-765), with required documentation and applicable filing fees, or a request for a waiver of those fees, to USCIS. If individuals have applied for DED-related work authorization, they do not also need to apply for TPS-related work authorization if they register for TPS.


Differences between DED and TPS for Venezuela

  • Validity– While the designations could be extended, the DED designation for Venezuela currently expires on July 20, 2022, and the TPS designation currently expires on September 9, 2022.
  • Protection– Unlike TPS, DED does not grant any immigration status. DED instead provides temporary protection from removal from the U.S. TPS, on the other hand, is a temporary immigration status.
  • Registration Process– Unlike TPS, DED does not require an individual to register or apply for the protection. TPS-eligible individuals, however, must apply to register during the 180-day registration period, which ends on September 5, 2021. Individuals eligible for DED and TPS, should apply for TPS within the TPS registration period, ending September 5, 2021.
  • Work Authorization– Under both DED and TPS, individuals must apply to receive proof of work authorization. If individuals have applied for DED-related work authorization, they do not also need to apply for TPS-related work authorization if they register for TPS.

 
DED and TPS Holders Should Seek Reputable Legal Assistance
It is important for individuals, even in TPS status or with DED protection, to investigate whether they may be eligible for any other type of immigration benefits and, if not, to explore their options affecting everything from mortgages to family arrangements.

Take Action, and Make your Voice Heard!
While this is great news, TPS and DED only provide temporary protections for immigrants who have lived and worked in the U.S. for years, many of whom are on the frontlines of the COVID pandemic. Take action by urging Congress to provide a roadmap to citizenship for TPS and DED holders and the 11 million undocumented immigrants who already call America home. Call Congress today and get your friends and family to call too: 1-888-204-8353


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