By J. Lavetsky, Esq.
Beacon Immigration PLLC

September 22, 2023

This week, USCIS expanded the Temporary Protected Status (TPS) program to citizens of Venezuela who immigrated to the U.S. before July 31, 2023. TPS allows citizens of certain countries suffering a humanitarian or other crisis to receive a work authorization permit, a social security number, and the ability to temporarily travel abroad and safely return to the U.S. Since the U.S. government considers Venezuela to be experiencing a political, economic, and social crisis, TPS protects Venezuelans in the U.S. from being forced to return to a desperate situation.

Here are some relevant things to consider if you wish to apply for TPS.

How to Apply

Venezuelans can apply either online using their My USCIS account, or by filing a paper application through the mail using forms I-821 and I-765. The application fee for most adult applicants will be $545, but the amount will vary depending on one’s age and whether they wish to receive a work card in addition to the protections of TPS status. Filing online may result in a faster approval than by filing through the mail.

Applicants will need to include various supporting documentation, such as proof of citizenship (passport, birth certificate, etc.), photo ID, two passport-style photos, and proof that they have lived in the U.S. since before July 31, 2023. Such proof can include any documentation that shows their name, the date, and an address in the U.S., such as phone bills, medical records, school records, immigration documents showing entry into the U.S., tax filings, Uber/Lyft receipts, and more.

When to Apply

USCIS hasn’t announced when applicants may file their TPS application, but it should be soon. When the filing window is announced, applicants will likely have around two months to file. Applications filed after the deadline may be denied.

TPS work permits usually expire after 18 months, at which point the applicant will need to file a renewal application if they wish to keep their TPS protections and work authorization.

Travel Permits (Advance Parole)

TPS allows for the extraordinary benefit of being able to apply for a travel permit, known as “advance parole” or an I-512L document. Traveling with advance parole allows the TPS holder to visit their family or for any other reason, and safely return to the U.S. Applicants must pay $575 to apply with USCIS using form I-131.

Advance parole is particularly helpful for applicants who originally immigrated to the U.S. without a visa and who have since married an American citizen. Traveling with advance parole may allow the TPS holder to adjust status, that is, apply for a marriage green card within the U.S., rather than being forced to attend their green card interview at a U.S. embassy abroad.

Any applicant who has had negative contact with U.S. immigration officials, such as CBP agents near the border with Mexico, should speak with an immigration lawyer before traveling with advance parole. Leaving the country in such circumstances can have severe consequences, including being placed into immigrant detention at the airport coming back into the U.S.

Fee Waivers (Apply for Free)

Many TPS applicants should qualify for a fee waiver, which means that they can save $545 and apply for free. In New York, for instance, many immigrants qualify for free health insurance through either Medicaid or the New York Essential Plan, based on their income and family size. TPS applicants should consult with their local social services office to determine their eligibility.

Access to either of these programs will allow TPS applicants to apply for free using form I-912, the application for a fee waiver, based on receipt of a means-tested benefit. Applicants can also apply for a fee waiver based on income, as shown by their recent paystubs or tax returns.

If you need help applying for TPS or advance parole, or anything else, please contact us today: +1 845.288.2435 / beaconimmigrationlawyer@gmail.com.

Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).