Venezuelans apply for TPS, a game changer for undocumented asylum seekers

MIAMI – Ana and her husband fled Venezuela in crisis in 2018 on tourist visas. When they were in the United States, Ana said that a lawyer wrongly advised them not to apply for asylum.

Ana, who is being identified only by first name due to her legal status, received a student visa, but had to drop out of school after a difficult twin pregnancy.

Without legal authorization to enter the country, Ana and her husband worked in low-paid jobs and constantly feared deportation. “We always felt like everyone was watching us,” she said.

But following news that President Joe Biden has extended Temporary Protection Status, or TPS, to Venezuelans this month, Ana and her husband say they are “super optimistic”.

The TPS aims to protect those who cannot return safely to their countries of origin due to civil unrest, violence or natural disasters. Under Venezuela’s president, Nicolás Maduro, the country’s once prosperous economy has collapsed. Millions of residents have fled the country and many of those who remain face shortages of food and medicines.

TPS recipients can stay and work in the United States for 18 months, which can be extended by management if conditions are still unstable in their country of origin.

TPS is a major topic of discussion among Venezuelans in the United States. The program could provide more than 300,000 of them with protection from deportation.

Many are consulting with lawyers to see if they meet the requirements before the September deadline. The application process involves providing translated documents and paying a $ 540 fee.

For many Venezuelan asylum seekers, TPS gives them the opportunity to breathe easy. While asylum cases are pending, they are protected from deportation and are eligible to work, but the TPS gives them a support plan in case their asylum application is denied.

On his last full day in office, former President Donald Trump authorized deferred execution leave (DED) for Venezuelans, protecting them from deportation for 18 months and giving them the opportunity to apply for work permits. Although TPS and DED are similar, most experts say that TPS is better because it gives those who qualify an immigration status.

For José Londoño, TPS is an extra tool. He left Venezuela three years ago because of political persecution. His uncle, with whom he worked, owned a newspaper that criticized the government, which led to two years in prison.

Jose Londoño.Courtesy Jose Londoño

Now, Londoño, an Uber driver in Miami, is consulting lawyers about TPS. He applied for political asylum when he arrived and said it is a relief to know that TPS is an option if his asylum case fails. He hopes that the TPS will give him the opportunity to visit his mother, whom he has not seen in years, in the Dominican Republic, or to meet his daughters outside Venezuela, where Londoño is afraid to return.

“We feel much better, happier and more fortunate to have TPS,” said Londoño.

“So much interest in TPS”

Lawyers have been inundated with calls and nonprofits are creating ways to help fill out applications, as the six-month deadline for applying is in progress. While some Venezuelans are rushing to submit their applications to the United States government, others are taking the time to consult with lawyers and weigh their options.

John de la Vega, a well-known lawyer in the Venezuelan community in Miami, said he is warning clients not to rush to sign up. The US Citizenship and Immigration Services require candidates to follow specific instructions and protocols that include the provision of translated evidence and documents. De la Vega said it is better to take the time to get everything organized so as to “have a better chance of winning the case”.

For people who have lived in another country for a period of time and have received some kind of legal status there, this can affect their ability to be approved for TPS in the USA. Some Venezuelans lived temporarily in countries like Colombia before moving to the United States. dual nationality can also affect people’s eligibility for TPS.

Patricia Andrade, who runs Raíces Venezolanas / Venezuelan Awareness, a nonprofit organization based in Miami, has taken a series of courses on TPS to be able to work with a lawyer who helps Venezuelans place discounted orders.

The day after the TPS announcement, Andrade broadcast an Instagram Live video with a lawyer explaining the application process and said he had thousands of views.

“There is a lot of interest in TPS. All Venezuelans talk about it, but I fear that people will hurry up and make mistakes, ”said Andrade. “One mistake can cost them status.”

Andrade said the TPS will help many Venezuelans who have fled their country of origin due to the dire economic situation and who are applying for asylum in the United States because they have no other legal options.

In Delaware, Maria, 65, who is not being identified by her full name because of her immigration status, said the TPS ad helped her “see the light after spending so many years in the darkness”.

Maria came to the United States with her husband and two children in 2000, a year after the late socialist leader Hugo Chávez came to power in Venezuela. “We came because we saw what was coming and we knew it was not good. I didn’t want my kids to grow up there, ”she said.

Solange Reano, 58, has been waiting for TPS since coming to the United States in 2018 and settling in Miami.

Reano, who works as a cashier at a local store, left Venezuela for political reasons and applied for asylum when she arrived here, but the TPS is now giving her an additional layer of protection. If asylum is denied, she will not be deported if she has TPS. She is now gathering the documents he needs to apply.

“I am very happy. We have been waiting for this for a long time,” said Reano.

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