In my Consulta Migratoria® column I explain how to re-register for Venezuela TPS 2022.
The U.S. Department of Homeland Security (DHS) has issued a official notification in the Federal Register which provides instructions on the re-registration process for the Temporary Protected Status (TPS) program for Venezuela.
It is estimated that there are approximately 111,700 Venezuelans currently protected under TPS who may be eligible to re-register for the program.
Venezuelans already enrolled in TPS will be able to legally remain in the United States for another 18 months beginning September 10, 2022 and ending March 10, 2024.
How to re-register for TPS in Venezuela
The re-registration period begins on September 8, 2022 and ends on November 7, 2022. If you do not register during the re-registration period, you may lose your TPS.
To re-register, Venezuelans must submit Forms I-821 and I-765 and send the corresponding fees to the U.S. Citizenship and Immigration Services (USCIS).
I recommend that you file electronically (e-filing). This will provide you with an immediate receipt and avoids the possibility of the application getting lost in the mail. This option is not available for late initial enrollment or individuals who wish to apply for a fee waiver.
The costs for Venezuela TPS re-registration are $$85 for fingerprinting (children under 14 are exempt) and $$410 for the work permit, if needed.
Automatic extension of work permit for TPS holders from Venezuela
The validity of work permits under Venezuela's TPS that expire on September 9, 2022 have been automatically extended until September 9, 2023.
If you need to renew your work permit, submit your renewal application immediately so that USCIS can provide you with a new work permit before September 9, 2023 when the automatic extension of the current permit expires.
Print a copy of the official notification of the TPS extension for Venezuela in case your employer needs to verify that your work permit has been automatically extended.
USCIS fee waiver for qualified individuals
If you do not have enough money to file because you are unemployed, earn below the poverty level, or receive public benefits such as Medi-Cal, Medicaid, or food stamps, you may be eligible to apply for a fee waiver using Form I-912.
Alert people with criminal records
Persons who have been convicted of two misdemeanors or one felony are not eligible for TPS. Examples of misdemeanors are drunk driving and committing acts of domestic violence, among others.
Consult with an immigration attorney before submitting your re-registration if you have been arrested or found guilty of any crime, including driving without a license.
Initial registration for TPS for Venezuela
Venezuelans who never registered for TPS, but arrived in the United States prior to March 9, 2021, must apply for initial TPS registration with USCIS.
They must file an initial registration for TPS by September 10, 2022, if eligible. This includes Venezuelans who were covered under the Deferred Enforced Departure (DED) program that ended on July 20, 2022.
Consult with an immigration attorney
TPS does not lead to permanent residency in the United States and will end in the future.
When TPS ends, you will revert to your previous immigration status, such as being undocumented. If you have no other legal option to stay in the United States, you will be subject to removal from the country.
Consult with a licensed U.S. immigration attorney for proper advice, including your legal options for permanent residency.
For more information and immigration tips, visit my website at Immigration Today.
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Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a former President of the Hispanic National Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here. click here.
The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column may be considered an advertisement under the Rules of Professional Conduct for attorneys in several states, including California and New York. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.