Author: Jameel Manji, Founder, Manji Law, P.C.
Mr. Manji founded Manji Law in 2016 to follow his passion of helping people navigate the complicated immigration system. Mr. Manji graduated from Georgia State University College of Law and received Master of Taxation from Georgia State’s J. Mack Robinson College of Business. Published on: August 1, 2019, Last Updated on: March 11, 2021.
TPS Venezuela or Temporary Protected Status for Venezuelans has been a hot topic in the news recently. On this page, the attorneys at Manji Law break down everything you need to know about this issue.
If you have questions about the new Deferred Enforced Departure (DED) policy for Venezuelans, you can read more here.
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Manji Law is your complete immigration solution. If you are seeking assistance with Venezuela TPS, please give us a call. Manji Law can provide valuable insight, assistance, and a guiding hand to help you achieve your goals.
Venezuela TPS in 2023
On September 20, 2023, Secretary of Homeland Security Alejandro N. Mayorkas, announced that Temporary Protected Status (TPS) for Venezuela will be extended for another 18 months. This decision is in response to the ongoing unsafe conditions in Venezuela, which include increased instability, humanitarian crises, security issues, political challenges, and environmental problems.
Under this extension, individuals who were already in the United States before July 31, 2023, will be granted temporary protection from deportation and permission to work in the U.S. However, those who arrived after this date will not be eligible for these protections.
To qualify for TPS during this extension, applicants must demonstrate:
- Are Venezuelan citizens or individuals without a recognized nationality who last resided in Venezuela
- Have continuously lived in the United States since July 31, 2023
- Meet the original TPS eligibility criteria
If you have already submitted a TPS application under the previous designation for Venezuela, your application will continue to be processed, and you do not need to reapply. If approved, you will receive TPS status and a work permit (Employment Authorization Document or EAD) with the same expiration date.
For those who are not currently covered by TPS, the specific requirements, deadlines, and application procedures will be outlined in a forthcoming Federal Register notice.
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Venezuela TPS Support
The Venezuela TPS Act of 2019 was sponsored by two Florida Democrats, Representatives Darren Soto and Mario Diaz-Balart along with Florida Republican Marco Rubio. The Bill had widespread support among other Democrats, including notable vocal supporters, Representatives Dick Durbin from Illinois, and Patrick Leahy from Vermont.
They asserted that the crisis in the country resulted in “extraordinary and temporary conditions” that make it difficult or even impossible for Venezuelan citizens to safely return to their country. This is one of the primary categories for receiving TPS.
However, although being aware of the situation in Venezuela, the Trump administration did not offer any human rights protection to Venezuelan nationals at that time.
If you are seeking asylum or would like to relocate to the United States, a Georgia immigration lawyer knowledgeable about the issues can be of assistance.
Confused by TPS for Venezuelan nationals?
TPS for Venezuelans Under the Trump Administration
Former President Trump’s administration was a strong critic of granting TPS for Venezuelans. This is even though the former President had vocally disapproved of the Venezuelan socialist federal government and was aware of the intensifying humanitarian crisis in the oil-rich country.
Because of the court processes and debate around the 2019 TPS for Venezuela bill, USCIS was compelled to issue a notice that the validity of TPS for beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador will be extended through January 2021 from previous expiration dates.
Cubans, Venezuelans and other individuals from Latin America fleeing from regimes in their countries had been blocked from the usual asylum process by policies of the Trump administration. These policies required them to wait for asylum claims in Mexico or other countries. While waiting, they face various difficulties such as gaining help from a qualified legal representation. Others are being detained in the United States detention facilities.
Venezuelans and other individuals or families wanting to immigrate to the U.S. should schedule an appointment with an attorney who has experience navigating the Atlanta immigration court system.
Here to Help with TPS for Venezuelans
Venezuela Immigration Crisis Facts
Senators cited the 2016 Ministry of Health information to illustrate the Venezuela immigration crisis. Reports of violent incidents collected by Venezuela’s Observatory of Violence documented a 65-percent increase in maternal deaths and a 30-percent increase in infant mortality. The murder rate struck 89 per 100,000 residents.
In the following years, the situation hasn’t improved. Venezuela 2018 human rights report stated that human rights in that country are abused and that these issues include killings, torture, and life-threatening prison conditions. Despite that and similar other reports, the Trump administration has continued to deport Venezuelans from the United States back to their country.
A trustworthy lawyer like Jameel Manji who is well versed in all aspects of immigration law can help you understand what is going on with TPS for Venezuelans in real-time and answer questions about how it may affect you or your family.
Understanding Venezuela Immigration to the United States
There are many factors involved when considering immigration to the U.S. including your country of origin, family situation, criminal record, and much more. To best understand your options and the latest changes in the U.S. immigration system, visit an immigration office in Georgia.
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Let our experienced and responsive legal team help you navigate the immigration system.
What Did the Venezuela TPS Act of 2019 Entail?
Venezuela TPS Act of 2019 would not have ensured irreversible legal resident status for those seeking asylum. It would, however, enabled recipients to lawfully work in the United States.
To qualify, Venezuelans would need to be in the United States at the time that H.R. 549 became a law, had it been passed. Recipients of TPS would require the approval of the Secretary of Homeland Security to leave the country for any reason. Upon their return, they would be dealt with like any other foreign individual.
To get the best legal advice and advocacy through this confusing process, contact us at Manji Law.
Timeline of TPS for Venezuela
The Venezuela TPS Act of 2019 was initially introduced on January 15, 2019. On July 23, 2019, the fast-track version of the bill was voted down by Republican politicians.
July 25, 2019, H.R. 549 passed in the House of Representatives and was sent to the Senate. There, it was read two times and then referred to the Committee on the Judiciary. A committee issued a report on the bill, which can provide helpful background on the issue. However, Senate Republicans blocked a vote on whether to grant temporary protected status (TPS) to Venezuelan nationals who fled Venezuela.
Senator Bob Menendez, D-N.J., and Dick Durbin, D-Ill., tried to pass the House’s bill by unanimous consent to expedite the process and get it passed quickly, but Senator Mike Lee, R-Utah, opposed the request. Since a senator objected, a request was rejected. Since the beginning of 2020, the bill has been considered by Communications and Technology in March, and by House Committee on Energy and Commerce in July.
Ultimately, the 2019 bill was not passed. At the end of his term, former President Trump passed DED for Venezuelans, which offered some protection. TPS was not enacted for Venezuelan nationals until March 2021.
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