Tag: Temporary Protected Status (TPS)

Temporary Protected Status

Temporary Protected Status (TPS) is a time-limited status given to eligible nationals of designated countries who are present in the United States when circumstances in their home country make it unsafe to return. The status is afforded to nationals from countries affected by armed conflict, natural disaster, or other extraordinary and temporary conditions, and allows eligible individuals to live and work in the United States temporarily. The length of a TPS designation may be from 6 to 18 months and can be extended for many years. At least 60 days prior to expiration of the TPS designation, the Secretary of the Department of Homeland Security must announce whether he/she will extend or end the TPS designation. Announcements on whether TPS designations will be extended are posted online at www.federalregister.gov or  www.uscis.gov/humanitarian/temporary-protected-status.

As of December 2022, the following countries are currently designated for TPS:

  • Afghanistan
  • Burma (Myanmar)
  • Cameroon
  • El Salvador
  • Ethiopia
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Ukraine
  • Venezuela
  • Yemen

To confirm whether your country is designated for TPS, please consult your immigration attorney or find a lawyer via https://www.ailalawyer.org

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TPS and DED: Venezuela

 

Recently, Biden’s Secretary of Homeland Security Alejandro Mayorkas designated Venezuela for Temporary Protected Status (TPS). This allows Venezuelan nationals and individuals without nationality who last resided in Venezuela to file TPS applications. It is only open to individuals who can prove continued residence in the United States since March 8th, 2021. There will be a 180-day registration period. TPS will last 18 months, until September 5th, 2022. The decision comes in response to humanitarian concerns about the conditions in Venezuela. 

The announcement expands upon former president Donald Trump’s January 19th, 2021 memorandum, which deferred the removal of Venezuelan nationals for 18 months, through July 2022. Individuals eligible for this Deferred Enforced Departure are also eligible to apply for Employment Authorization Documents. The DED memorandum excludes those:

  • Who are inadmissible under Section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under Section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4))
  • Who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet the criteria set forth in Section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A))
  • Who are subject to extradition
  • Whose presence in the United States the secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety
  • Whose presence in the United States the secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States

Read more information here: https://www.federalregister.gov/documents/2021/03/09/2021-04951/designation-of-venezuela-for-temporary-protected-status-and-implementation-of-employment 

Learn more about the filing process for an Employment Authorization Document here: https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-venezuela