Around 300,000 Venezuelans could benefit from TPS

By Rocio Granados - La Voz Catolica

MIAMI | An executive order announced March 8, 2021 by Alejandro Mayorkas, secretary of Homeland Security, would grant Temporary Protected Status to around 300,000 undocumented Venezuelans currently living in the U.S.

The protected status is valid for 18 months, through September 2022, and applications must be submitted in the next 180 days. The start date was March 9 and the end date is Sept. 5, 2021.

Those eligible for TPS are Venezuelans living in the U.S. on or before March 8, 2021 who “meet the eligibility requirements” set out by Homeland Security.

This immigratory relief was granted by the administration of President Joe Biden a little more than a month after the administration of President Donald Trump granted Deferred Enforced Departure status to Venezuelans.

In announcing TPS for Venezuelans, the Biden Administration “also announced that DED will continue to be valid,” said Xinia Bermudez, an attorney with Catholic Legal Services, during an online information session organized by the agency March 11 to explain the legal ramifications of TPS and DED.

Bermudez explained that DED for Venezuelans is an 18-month administrative suspension of their deportation, while TPS is an immigration status that permits beneficiaries to live and work legally in the U.S. for the length of time the measure is in place. It does not grant permanent residency or citizenship.

Both TPS and DED provide protection against deportation and grant temporary work permits.

“DED is the least beneficial of all immigration reliefs,” said Miguel Mora, also an attorney with Catholic Legal Services. He added that DED will end in July 2022 and it is not clear whether it will be extended.

TPS also has an end date. But immigration law allows the administration to extend it for 6, 12 or 18 more months if it determines that the conditions that led to the humanitarian crisis are ongoing in the country, in this case Venezuela, Mora said.

This has already happened with other TPS beneficiaries, Mora said, noting that Haitians have received TPS for 11 years, since the January 2010 earthquake that ravaged their country.

Attorney Bermudez pointed out that many Venezuelans also have pending asylum petitions. She recommended that even those with work permits and pending asylum cases should apply for TPS. “It’s an additional protection because if they deny you asylum and you don’t have TPS they can deport you.”

To benefit from TPS applicants must register, present their request and pay the designated fees. DED requires registration only if applicants also want a work permit.

The requirements for TPS are:

• Proof of “continuous residency” in the U.S. on or before March 8, 2021 via documents such as rental agreements or property deeds, utility and medical bills, among others. Anyone who arrives after March 8 is not eligible for TPS.
• Payment of the application cost, which is $50 for those under 14 years of age and $545 for adults who wish to receive work permits.
• Undergo security and background checks as part of determining eligibility.

Those leading the information session urged applicants to consult an attorney before submitting their TPS application. An application that is filled out incorrectly “could jeopardize TPS benefits such as the work permit,” Bermudez said.

They also urged Venezuelans to be careful with notaries, paralegals and immigration counselors who offer to help at very low cost. Said Mora: “Our recommendation is to go to a trusted attorney who is competent so as not to be a victim of fraud.” 

Free or low cost help available

• Several organizations such as Catholic Legal Services and the Miami Office of New Americans are helping people fill out TPS applications.
• You can contact Catholic Legal Services through social media:
• Facebook: facebook.com/CCLSMiami
• Instagram: catholic.legal.services.miami
• Twitter: @CLSMiami
• To ask for an appointment, call 305-373-1073 ext. 1291 or go to: www.cclsmiami.org/Appointments or www.cclsmiami.org/citas.
• The Miami Office of New Americans will be offering free clinics once a month for the next three months. The first one will take place April 8-10. To sign up, go to: https://ona.salsalabs.org/tps-rsvp/index.html.