What will happen to Venezuelans with TPS after November 7? The paths to staying in the U.S., according to a lawyer.
Starting November 7 , the formal cancellation of Temporary Protected Status ( TPS ) for Venezuela in 2021 will take effect, according to the Department of Homeland Security ( DHS ) and the Office of Citizenship and Immigration Services ( USCIS ). With this measure, more than 600,000 Venezuelans face having to take alternative measures to remain in the United States.
In an interview with LA NACION , immigration attorney Jesús Reyes revealed the implications of the TPS cancellation. From this point forward, starting at 11:59 p.m. on November 7, beneficiaries will lose key benefits, such as protection against deportation and travel within and outside the United States.
"November 7th is the date that TPS will currently end . This temporary protection allowed Venezuelans enrolled in the program to be protected from deportation and legally protected here in the United States, with the opportunity to work, drive, and travel within or outside the country. But those benefits are now ending for many people," the lawyer said.
Approximately 600,000 Venezuelans will be affected by the measure, including the 2021 and 2023 designations. However, Reyes stipulates that individuals with other legal proceedings pending would not be automatically deported.
That is, if a Venezuelan is in the process of applying for asylum or a family and work-related residency petition, they will continue to be protected under those procedures. "If there are people who have another process underway, then they remain protected by law," said the lawyer.
Reyes clarified that those with pending asylum cases will not be directly affected by the termination of TPS. In that sense, Venezuelans will be able to wait for their interviews and renew their work permits as usual. "They will be able to pursue their cases normally and will not be at risk," the lawyer clarified.
According to the latest study by Migration Policy , there were more than 132,000 pending asylum cases for Venezuelans by December 2024. In that fiscal year, 3,800 citizens of the Caribbean country were granted asylum, making it the third country to receive it after China and Afghanistan.
The attorney maintains that there is no collective avenue to suspend the order unless there is a new designation or legal order. Therefore, he recommends seeking counseling and other legally protected options to remain in the US , given that the cancellation of TPS does not prevent a person from obtaining benefits through other protections.
These alternatives depend on each individual case. However, some of them include political asylum, family petitions, and certain types of visas. " Regardless, if TPS ends, there are other legal options," Reyes explained.
Likewise, the lawyer urges the Venezuelan community in the U.S. to be alert to any other type of notification from the State Department or USCIS.
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