TPS is a legal immigration status that protects beneficiaries from deportation. It also allows beneficiaries to apply for employment and travel authorization. The TPS designation for Venezuelans is effective from March 9, 2021 through September 9, 2022. USCIS may extend the designation period for TPS beyond September 9, 2022. Individuals must apply for TPS between March 9, 2021 and September 5, 2021.

Yes. However, RIF advises that you connect with an attorney to talk about how applying for TPS might impact your asylum case. If you are applying for TPS without an attorney, you can ask an attorney for a one-time consultation to ask your questions about TPS. A one-time consultation should cost between $150-300.

TPS for Venezuelans began on March 9, 2021. Venezuelan nationals or individuals without a nationality who entered the United States on or before March 8, 2021, and have continuously resided in the United States since then are eligible to apply for TPS.

Submit a TPS application (Form I-812)

Pay the filing fee (see next question) or submit a fee waiver request (Form I-912). In order to receive a fee waiver, you have to fit one of the following categories: (1) your income is 150% below the federal poverty guidelines; (2) you are experiencing financial hardship; and/or (3) you are receiving a government benefit based on your income level.

You may also submit a work permit application (Form I-765) at the same time that you submit your TPS application. If you do not want to apply for a work permit at the same time that you apply for TPS, you can apply later provided that you still have TPS or a pending TPS application. If you already have an asylum-based EAD, you do not need to apply for a TPS-based EAD.

Biometrics appointments may be required for all applicants 14 years of age or older. Those applicants must also pay the biometric services fee.

Applicants under 14 years of age: $50 TPS application fee

Applicants 14-65 years old: $50 TPS application fee + $85 biometrics fee + $410 work permit application fee = a total of $545

Applicants 66 years of age or older: $50 TPS application fee + $85 biometrics fee = a total of $135. There is no work permit application fee.

Evidence to prove your identity and nationality

Evidence to prove your date of entry into the United States

Evidence to prove your continuous residence in the United States

Court records if you were ever arrested, charged, or convicted for a criminal offense.

Details of what types of documents are sufficient for each category is available here.

Do not submit original documents unless you are specifically requested to. Otherwise, submit copies of the documents.

If you submit a document in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate and that the translator is competent to translate from the foreign language into English.

If applying through the U.S. Post Service and you reside in Florida, USCIS, Attn: TPS Venezuela, P.O. Box 20300, Phoenix, AZ 85036.

If applying through FedEx, UPS, or DHL, and you reside in Florida, USCIS, Attn: TPS Venezuela, 1820 E. Skyharbor Circle S, Suite 100, Phoenix, AZ 85034.

If applying through the U.S. Post Service and you reside in another other state, USCIS Attn: TPS Venezuela, P.O. Box 805282, Chicago, IL 60690.

If applying through FedEx, UPS, or DHL, and you reside in any other state, USCIS, Attn: TPS Venezuela (805282), 131 South Dearborn—3rd Floor, Chicago, IL 60603-5517.

If you already have an asylum-based EAD, you do not need to apply for a TPS-based EAD. Asylum-based EADs are for two years compared to TPS-based EADs, which are for one year. Furthermore, your initial asylum-based EAD application costs $85 ($0 if you are a CASA or ASAP member) whereas a TPS-based EAD application costs $495.

However, if you only recently submitted your asylum application and will not be eligible for your asylum-based EAD for several months, you many apply for a TPS-based EAD immediately.

USCIS hasn't shared any estimates yet on how long TPS and TPS-based EAD applications for Venezuelans will take to process. For other nationalities, TPS application processing is estimated to take 3-7.5 months depending on the nationality, type of application submitted (TPS v. EAD), and processing location. You can check here for when USCIS provides an update on estimated processing time for Venezuelans: https://egov.uscis.gov/processing-times/.gov

DED is an automatic protection that extend to Venezuelans who have resided in the United States continuously since January 20, 2021. DED allows Venezuelans to apply for employment and travel authorization. DED for Venezuelans is in effect until July 22, 2022.

By contrast, TPS is a legal status that you have to apply for. Like DED, TPS beneficiaries can apply for employment and travel authorization. Venezuelans or individuals without a nationality who entered the United States before March 8, 2021 and have continuously resided here since then are eligible to apply for TPS. TPS for Venezuelans is in effect until September 9, 2022.

If you are eligible for both TPS and DED, USCIS recommends that you still apply for TPS.

Unfortunately, RIF does not have the capacity to provide one-on-one legal consultations about TPS. However, you can use our pro bono and private attorneys database to connect with a trusted legal provider.