Could the Earthquake in Venezuela Reactivate TPS for Venezuelans?

Why Could the Earthquake Justify a New TPS Designation for Venezuela?

TPS is a protection the United States grants to nationals of countries facing extraordinary circumstances. Although many associate it with political crises, the law specifically includes natural disasters, such as earthquakes, among the grounds for granting it. In fact, several past TPS designations have been approved precisely because of natural disasters.

Today there is a stronger justification than ever: a disaster that makes it impossible for a person to safely return to their country. Our firm, together with other colleagues and organizations, has already sent formal requests to the administration and to Florida congressmen asking that TPS for Venezuela be reconsidered.

Important: TPS is not a green card or citizenship. It is an 18-month temporary protection that would allow the Venezuelan community to work legally, pursue other immigration alternatives, and help their family members in Venezuela.

We know the path will be complicated, but it is not impossible. Voices in Congress have already spoken out publicly in favor of the redesignation.

What options do people detained with a removal order to Venezuela have?

Many families ask us what will happen to their loved ones who are detained in immigration facilities and who were on a removal schedule to Venezuela.

Although a person may remain detained for an extended period, there are legal remedies available to request their release.

Caution: immigration authorities could attempt to remove a person to a third country with which the United States has agreements. That is why it is essential to act quickly and with proper legal guidance.

The Earthquake as a Humanitarian Factor in Asylum Applications

A natural disaster alone does not make a person eligible for asylum. However, it can be presented as a discretionary and humanitarian factor capable of persuading an asylum officer or an immigration judge.

In addition, Attorney Jesus Reyes notes that this tragedy has a political backdrop: corruption and misappropriation of funds in Venezuela allowed the damage to be far worse than it could have been. This argument should be included in every asylum application.

Immigration Processing Is Speeding Up

Good news: thanks to a federal court decision, the government must continue processing applications that had been stalled. People are now being called for residency interviews, family petitions, asylum interviews, and citizenship oath ceremonies.

Note: if you have a pending application, prepare now for your interview or citizenship exam. Appointments are being scheduled.

What Should You Do If This Affects You?

Each case is different. If you are Venezuelan and wonder how these changes affect your situation, or if you have a family member detained with a removal order, the best course of action is to review your legal options with an immigration attorney as soon as possible.

We invite you to schedule a consultation with our firm to review your specific case and explore the options available.