Temporary Protected Status for Venezuela - 2021 Extension and 2023 Re-designation Frequently Asked Questions
General Filing
Q1. I filed my Temporary Protected Status (TPS) application and paid the fee. However, I did not receive any receipt and I am not sure if my case is being processed. Do I need to refile the form and pay the fee again?
A1. If you do not receive a notice in the mail within 30 days, we recommend emailing lockboxsupport@uscis.dhs.gov to ask about your filing.
Q2. If I filed an initial TPS application before Oct. 3 and paid the fee, will I need to refile and pay the fee again?
A2. If you filed Form I-821, Application for Temporary Protected Status, under the 2023 redesignation of Venezuela for TPS before Oct. 3, 2023, you do not need to refile Form I-821. If we approve your pending Form I-821, we will grant you TPS through April 2, 2025.
Q3. How can I know if USCIS accepted my TPS application?
A3. If you do not receive a notice in the mail within 30 days, we recommend emailing lockboxsupport@uscis.dhs.gov to ask about your filing.
Q4. Do I need to work with a lawyer to apply for TPS?
A4. No. You can file USCIS forms yourself, including Form I-821, which you may generally submit online. However, please note that you will need to submit by paper if your application includes a request for a fee waiver (Form I-912). Some people choose to seek help from a lawyer or another Executive Office for Immigration Review (EOIR)-accredited representative.
If you decide to get legal assistance, review these USCIS webpages:
Many people offer to help with immigration services. Not all of them are authorized or qualified to do so. If you want legal help to complete your Form I-821, please be aware that only attorneys and EOIR-accredited representatives can provide legal advice about which forms and documents to attach to your application, explain immigration options you may have, and communicate with USCIS about your case. For additional information, please review USCIS’ guidance on avoiding scams.
Q5. I applied for TPS in 2021, but I have not received an answer yet. What should I do?
A5. If you have an initial Venezuela TPS application (Form I-821) or Application for Employment Authorization (Form I-765) pending as of Oct. 3, 2023, under the 2021 designation of Venezuela for TPS, you do not need to file either application again. If we approve your pending Form I-821, we will grant you TPS through Sept. 10, 2025. Similarly, if we approve your pending TPS-related Form I-765, we will issue you a new Employment Authorization Document (EAD) that will be valid through Sept. 10, 2025.
Q6. Do I need to submit a full translation of my birth certificate or other documents?
A6. In general, if you submit any documents 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 they are competent to translate from the foreign language to English. We will also accept a birth certificate translation form, certified by a translator, that provides translation of key information to validate the birth.
Q7. Do I have to list every country I lived in before coming to the United States, or just those I visited in the time between leaving my home country and my last entry to the United States?
A7. You must complete the form in accordance with the form instructions, which instruct you to list all countries you entered while traveling to the United States, including countries where you lived in and those you traveled through. On Form I-821, Part 11, Additional Information, provide the dates when you were in those countries and any immigration status you had while in those countries.
Re-registration
Q8. I have TPS and TPS-related employment authorization. Do I need to refile and pay the fee again?
A8. If you currently have TPS under Venezuela’s 2021 designation and want to maintain your TPS and employment authorization, you must re-register during the 60-day re-registration period that runs from Jan. 10, 2024, through March 10, 2024. We encourage you to re-register as soon as possible within the 60-day re-registration period. There is no fee associated with Form I-821 for current TPS beneficiaries submitting a re-registration application. All TPS applicants must pay a fee when submitting Form I-765, Application for Employment Authorization. For more information, please refer to the Filing Fees webpage.
Q9. I have TPS approved until March 2024. Should I wait until it is about to expire before I refile?
A9. Re-registrants need to apply during the 60-day re-registration period that runs from Jan. 10, 2024, through Mar. 10, 2024. If you currently have TPS under Venezuela’s 2021 designation, you must re-register during the 60-day re-registration period that runs from Jan. 10, 2024, through Mar. 10, 2024. We encourage you to re-register as soon as possible.
Q10. I was approved for TPS in 2021 and I filed to re-register during the period from Sept. 8, 2022, through Nov. 7, 2022, but I have not received the approval yet. Do I have to re-register again to extend until Sept. 2025, or should I just wait and receive the approval with the new date?
A10. If you have a re-registration Venezuela TPS application (Form I-821) or Application for Employment Authorization (Form I-765) pending as of Oct. 3, 2023, filed under the extension of the 2021 Venezuela TPS designation, you do not need to file either application again. If we approve your pending Form I-821, we will grant you TPS through Sept. 10, 2025. Similarly, if we approve your pending TPS-related Form I-765, we will issue you a new Employment Authorization Document (EAD) that will be valid through Sept. 10, 2025.
Q11. If I have a current TPS re-registration application pending, and I also have a travel authorization request pending, when I receive my travel authorization, how long will it be valid?
A11. At our discretion, and if we find a TPS beneficiary merits this authorization, we will issue a travel authorization document, Form I-512T, Authorization for Travel by a Noncitizen to the United States. If we approve your Form I-131, Application for Travel Document, your Form I-512T will be valid for the duration of your documented need for travel. Read the Form I-131 Instructions carefully; they explain the risks you may face if you are outside of the United States while we are considering your TPS re-registration application, such as missing important requests for evidence or other notices, or even being denied TPS while you are outside the United States.
Q12.What evidence do I need to include with my re-registration application? The Form I-821 instructions say only new evidence that I did not previously submit. Do I still need evidence of continuous residence?
A12. In accordance with the Form I-821 Instructions (PDF) (PDF, 324.64 KB), if you are filing Form I-821 for re-registration (Part 1., Item Number 1.b., of Form I-821), you do not have to submit any copies of documentation. However, we may ask you for additional information or documentation in certain circumstances.
TPS Requirements
Q13. What is the difference between continuous residence and continuous physical presence?
A13. To qualify for Temporary Protected Status, you must show both continuous residence and continuous physical presence in the United States from specific dates. These dates are determined by the secretary of Homeland Security and specified in the Federal Register notice for the country’s TPS designation. Continuous residence means you must establish residence in the United States on or before the continuous residence date, and you must have continued to reside in the United States since then. Continuous physical presence means you must have been physically present in the United States continuously since the continuous physical presence date. For Venezuela’s redesignation, effective Oct. 3, 2023, you must demonstrate your continuous residence in the United States since July 31, 2023, and your continuous physical presence since Oct. 3, 2023.
The regulations at 8 CFR 244.1(3) define the terms as follows:
- Continuously physically present means actual physical presence in the United States for the entire period specified in the regulations. An alien shall not be considered to have failed to maintain continuous physical presence in the United States by virtue of brief, casual, and innocent absences as defined within this section.
- Continuously resided means residing in the United States for the entire period specified in the regulations. An alien shall not be considered to have failed to maintain continuous residence in the United States by reason of a brief, casual and innocent absence as defined within this section or due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien.
Q14. How much evidence of continuous residence in the United States is enough? Are you looking for two or three documents, or do you want many months and multiple documents?
A14. You must demonstrate that you have been continuously residing in the United States since on or before the continuous residence date.
To demonstrate continuous residence in the United States, you may submit employment records; rent receipts, utility bills, receipts or letters from companies; school records from the schools that you or your children have attended in the United States; hospital or medical records concerning treatment or hospitalization of you or your children; or attestations by church, union or other organization officials who know you and where you have been residing, or other credible evidence.
You do not need to provide original documents with your application unless we request originals of any copies you submit. If necessary, we may ask for additional information.
Q15. How does a child show continuous presence? They will not have utility bills, etc.
A15. We will accept:
- School records from the schools the child attended in the United States, such as letters, report cards, etc. showing the school’s name and dates of attendance;
- Similar documents indicating that the child attended a U.S. school, in combination with other evidence demonstrating your presence in the United States during that same time period;
- Hospital or medical records concerning treatment or hospitalization of the child. These documents should show the name of the medical facility or physician as well as the dates of treatment or hospitalization;
- Similar documents indicating that the child received treatment or care at a U.S. medical facility, in combination with other evidence demonstrating your presence in the United States during that same time period;
- Attestations by church, union or other organization officials who know you and where you have been residing. These must include:
- Applicant’s name;
- Signature of an official whose title is also shown;
- The inclusive dates of membership;
- The address where applicant resided during the membership period;
- The organization’s seal impressed on the letter or attestation is on the letterhead of the organization, if the organization has letterhead stationery;
- A statement regarding how the attester knows the applicant; and
- A statement regarding the origin of the information being attested to.
- Applicants may also provide any other document or information that they believe helps prove their continuous presence in the United States.
Q16. If I am a Venezuelan national but resided in another country before coming to the United States, am I eligible for Venezuela TPS?
A16. We will determine eligibility based on the evidence you provide. Among other criteria, all TPS applicants must submit evidence to establish that they are a national of the TPS country or that they are stateless and last habitually resided in the TPS country before entering the United States.
We will carefully review all evidence to determine if an individual resided in another country before coming to the United States. We must evaluate the separate issue of possible firm resettlement because firm resettlement is a bar to TPS.
Q17. If I am a Venezuelan national who lived two years in another country, am I eligible for Venezuela TPS?
A17. We will determine eligibility based on the evidence you provide, including whether residence in another country affects your eligibility for TPS. We must evaluate the separate issue of possible firm resettlement because firm resettlement is a bar to TPS.
Q18. If I have dual nationality, including Venezuelan, do I need to have entered the United States with my Venezuelan passport to qualify for TPS?
A18. No, it is not a requirement to have entered the United States with a Venezuelan passport to be eligible for TPS under Venezuela’s designation. Additionally, in general, dual nationality alone does not make an individual ineligible for TPS. Applicants may establish that they are a national of the TPS country, irrespective of whether they are also a national of another country. If they establish that they are a national of a TPS country, then they have met the nationality requirement. Unless there is a firm resettlement bar concern, for TPS eligibility purposes, it is not material that individuals may also be a national of another country.
Q19. Will children who are born in a third country to Venezuelan parents be eligible for TPS?
A19. Yes, children of a Venezuelan national born outside the United States are eligible for TPS under Venezuela’s TPS designation, if the child can demonstrate that they are a national of Venezuela under Venezuelan law, or a person without any nationality who last habitually resided in Venezuela, and if the child also meets all the other requirements for TPS. In general, anyone born in another country whose mother or father has nationality by birth in a TPS-designated country can demonstrate, by preponderance of evidence, that they are national of the designated country.
Q20. I have a U.S. travel visa from Venezuela. Can I also apply for TPS?
A20. Yes, an individual with a U.S. travel visa can apply for TPS, if they show both continuous residence and continuous physical presence in the United States from certain dates that are determined by the secretary of homeland security and specified in the Federal Register notice regarding Venezuela’s TPS 2023 re-designation. For Venezuela’s redesignation, effective Oct. 3, 2023, an applicant must demonstrate their continuous residence in the United States since July 31, 2023, as well as their continuous physical presence since Oct. 3, 2023.
Q21. I am in immigration detention. Can I apply for TPS?
A21. Yes. We will review whether a TPS applicant has met the eligibility requirements relating to continuous residence and continuous physical presence on or before the dates in the applicable Federal Register notice, regardless of whether the individual has been detained at entry or is in a detention facility in the United States. However, a TPS applicant cannot meet the CR or CPP requirements for TPS if they were deported, removed, or departed under an order of removal at any point during the required CR or CPP period, according to the definition of a "brief, casual and innocent” absence.
Q22. I have a final order of removal. Can I apply for TPS?
A22. Eligible individuals in removal proceedings may apply for TPS with the court. Eligible individuals with final removal orders may apply for TPS unless they have a reinstated order of removal.
Q23. Who qualifies as a national of Venezuela?
A23. An applicant for TPS under a particular country’s designation can establish eligibility by providing evidence of Venezuelan nationality by:
- Birth on Venezuelan soil;
- Filiation (being the child of Venezuelan parents); or
- Naturalization.
Examples of evidence demonstrating Venezuelan nationality include a:
- Passport (current or expired);
- Birth certificate accompanied by photo identification; or
- Any national identity document from your country of origin bearing your photo and/or fingerprint issued by the applicant’s country, including documents issued by an Embassy or Consulate in the United States, such as a national ID card or naturalization certificate.
A child born outside of Venezuela may acquire Venezuelan nationality by having a parent who is Venezuelan. However, we will determine whether a specific person meets the nationality requirement on a case-by-case basis, based on the evidence presented with their TPS application. TPS is an individual benefit, which means a child cannot be granted TPS as a derivative of a parent who receives TPS. Each person must file a separate TPS application, Form I-821, to register for TPS. Each person has the option also to apply individually for an EAD on Form I-765. Family members may submit their individual applications for TPS simultaneously or at different times. We encourage each family member to file their own application with a separate payment.
Q24. I am a Venezuelan applying for TPS under the 2023 designation of Venezuela, but I temporarily lived or worked or acquired residency or citizenship in a third country. How will you adjudicate my TPS application?
A24. We will look at whether any time that you spent outside of the United States since the continuous residence date of July 31, 2023, and the continuous physical presence date of Oct. 3, 2023, will cause you not to meet the eligibility requirements for continuous residence and continuous physical presence. We will also look at whether your citizenship or other permanent immigration status in a country other than Venezuela is relevant to the firm resettlement bar. We adjudicate each application on a case-by-case basis. Merely being a dual national with both Venezuelan and another citizenship does not, by itself, disqualify you from TPS. If you have citizenship or another form of permanent immigration status in a country other than Venezuela, we encourage you to provide all relevant details, including when you obtained or were offered such other citizenship or status and any times when you were in that other country before arriving in the United States. You should also include any information and supporting documentation that may help us determine whether the exceptions in 8 CFR 208.15 to the firm resettlement bar apply in your particular circumstances.
Travel
Q25. I already have TPS with an employment authorization document. I would like to file for a permit to travel outside the United States. Can I apply now, or do I have to wait until Jan. 10, 2024, to submit the travel permit with my new TPS and EAD?
A25. You may file a Form I-131 as a stand-alone form after filing the TPS application, if your initial or re-registration application is still pending or after we have approved the related Form I-821.
Q26. Can I apply for Form I-131 permission to travel before I have been approved for TPS?
A26. You may file a Form I-131 as a stand-alone form after filing the TPS application, if your initial or re-registration application is still pending or after we have approved the related Form I-821.
Q27. Under what circumstances can we request to travel if we have TPS? Can we travel to Venezuela?
A27. There are no travel restrictions. Individuals may request to travel to Venezuela if their TPS was approved.
In general, TPS applicants and beneficiaries who wish to travel outside the United States should apply for a travel authorization with Form I-131, Application for Travel Document. We will issue a travel authorization document under TPS if we determine it is appropriate to approve the request. The travel authorization document gives you permission to leave the United States and return during a specified period of time. If you leave the United States without the travel authorization document, you may lose TPS if there are no applicable exceptions to breaking continuous physical presence and continuous residence. Additionally, if you leave the United States without a travel authorization document, you may have difficulty or may not be permitted to reenter the United States.
Pending Asylum
Q28. If I have a pending asylum application and have suffered a political arrest, will you deny my TPS application?
A28. Individuals with pending asylum applications may apply for and receive TPS. You may not be eligible for TPS if you are subject to any of the mandatory bars to asylum under INA section 208(b).
Q29. Can I apply for TPS if I have been placed in removal proceeding because my asylum application was referred to EOIR (immigration court)?
A29. If you are in removal proceedings, you may apply for TPS with the court. If you have a final removal order, you may apply for TPS unless you have a reinstated order of removal.
Q30. Do I need to pay for new biometrics if USCIS already collected them for my asylum application?
A30. TPS applicants over the age of 14 must pay the biometric services fees or request a fee waiver, which you may submit on Form I-912, Request for Fee Waiver.
Q31. If I have work permission through my asylum application, do I need to also file Form I-765 based on TPS?
A31. Filing a TPS-based Form I-765 is optional. See 8 CFR 244.6. Also, TPS beneficiaries are allowed to apply for and be granted an EAD under non-TPS employment categories.
Fees/Fee Waivers
Q32. What are the filing fees for the Form I-131 Travel Authorization for TPS?
A32. The fee to file Form I-131 is $575, or you may request a fee waiver by submitting Form I-912, with evidence that you cannot pay the filing fee. Find more information about Form I-131 filing fees on the Form I-131 webpage, and find more information about requesting a fee waiver on the Form I-912 webpage.
Q33. Do I need to send separate money orders for each of the different forms?
A33. If you pay for multiple forms submitted together using a single payment method, and we are unable to accept one or more of your filings, we will reject and return the entire package to you. For more information, please refer to the Filing Fees webpage.
Q34. Can a TPS applicant request a fee waiver online?
A34. Not at this time. You may file Form I–821 and related requests for EADs online or by mail. However, if you request a fee waiver, you must submit your application by mail.
Q35. If I am re-registering, do I need to pay the $85 fee for biometric services?
A35.If you are 14 years old or older, you must pay the biometric services fee. If you are unable to pay the biometric services fee, you may request a fee waiver, which you may submit on the Form I-912. For more information on the application forms and fees for TPS, visit the USCIS TPS web page at uscis.gov/tps. For more information about fee waivers visit uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver.
Work Authorization
Q36. My work authorization expires soon. How do I know if my EAD will be extended automatically to Mar. 2025? Do I need to re-register for TPS to get a new EAD valid through the TPS designation that ends in Sept. 2025?
A36. We have automatically extended EADs with a Card Expires date of September 9, 2022, or March 10, 2024, through Mar. 10, 2025. If you wish to receive an EAD with a Card Expires date of Sept. 10, 2025, you must re-register for TPS under the Venezuela 2021 extension. If you already have a pending Venezuela TPS re-registration application (Form I-821) or Application for Employment Authorization (Form I-765) as of Oct. 3, 2023, you do not need to file either application again. If we approve your pending Form I-821, we will grant you TPS through Sept. 10, 2025. Similarly, if we approve your pending TPS-related Form I-765, we will issue you a new EAD that will be valid through Sept. 10, 2025.
Online Accounts
Q37. Can I file Form I-131 online with Form I-821 and Form I-765?
A37. Form I-821 and Form I-765 can be filed concurrently online. Form I-131 cannot be filed concurrently with those forms but is available for online filing.
Q38. Is it possible to create a USCIS online account without a case number?
A38. Yes. In fact, you must create an online account first before you can file online.
Q39. Who do we contact if the receipt notice does not show up in the USCIS online account?
A39. You can send a secure message to the USCIS Contact Center through your USCIS online account. Most receipt notices are both mailed and posted in the account, so if you do not see it in your account, it should arrive via mail.
Q40. For online filings, does USCIS send email notifications when there is new movement in the case (for example, if you issue a request for evidence), or do I need to sign in frequently to avoid missing an important notice?
A40. USCIS will automatically send you notifications if there is an update to your cases filed online. You can choose whether to receive the notifications by email or text message (or both). Note: attorneys and accredited representatives do not currently receive notifications. We encourage them to check their accounts frequently.
Q41. Can I print a receipt notice from my USCIS online account so I can take it to the Department of Motor Vehicles, for example?
A41. Yes, you can print receipt notices from your USCIS online account.
Q42. How do we get help if we have trouble setting up a USCIS online account? I was never able to use my account and could not get help by phone or email.
A42. We created several easy-to-follow videos to assist users with creating a USCIS online account and submitting a form. The video for submitting a form is for Form N-400. While the questions may differ, the overall online filing experience is generally consistent regardless of which form is submitted. The videos are available at: uscis.gov/file-online
For Service Providers, Attorneys, and Accredited Representatives
Q43. Most clients we are seeing do not have identity documents because they are taken at the port of entry. Are their release documents enough evidence that they are Venezuelan?
A43. An applicant may submit a copy of their Form I-862, Notice to Appear, as evidence of their nationality. They may also submit supporting statements about their nationality. We will use our systems to confirm this information. If there is no other record showing nationality, we will allow them to provide additional relevant information or documentation.
Q44. For people who are sheltered in the New York City shelter system, including in hotels outside of New York City, could a confirmation letter that they are residing in the shelter or hotel be used as evidence of an inability to pay for purposes of a fee waiver?
A44. USCIS does consider homelessness when reviewing a fee waiver request. For more information about fee waivers visit uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver.