The end of temporary protected status in the United States represents a potentially devastating reality for hundreds of thousands of Venezuelans who sought refuge in the U.S., many of them living in South Florida after escaping the regime of Nicol谩s Maduro.
This situation is especially dire for those without a pending asylum case or family petitions that could allow them to remain legally in the U.S. for the time being. However, the Supreme Court鈥檚 decision doesn鈥檛 eliminate all legal options. It鈥檚 essential for those affected to make informed decisions and seek legal counsel to fully understand their rights and what they can do next.
- Mark Sherman The Associated Press
Here are some of the key questions and answers:
How does the revocation of TPS impact the Venezuelan community in the U.S.?
Revoking TPS affects hundreds of thousands of Venezuelans who have built their lives in the U.S. Many have families, businesses, and homes in the country. Without legal status, they could face deportation, leading to a serious humanitarian crisis, especially for those who have lived in the U.S. for many years.
What happens when TPS for Venezuelans in the U.S. ends?
When TPS ends, those with pending asylum applications can legally remain in the U.S. while awaiting a decision. Many Venezuelans have been waiting for years for their asylum cases to be resolved. For them, the end of TPS will have little immediate effect, as they can continue to stay legally while their applications are processed.
What happens to work permits for those under TPS?
The temporary protection status provides work permits for its beneficiaries. Once TPS ends, these work permits become invalid, meaning those individuals lose their legal ability to work in the U.S. unless they obtain another form of legal status.
What if someone traveled to Venezuela while under TPS?
If a TPS recipient traveled to Venezuela after having abandoned their asylum case, they may have a serious problem. Such travel could undermine their credibility in the asylum process, particularly when they are required to pass test that they have 鈥渃redible fear鈥 of being sent back to their country 鈥 a key part of seeking asylum. 鈥淭his is the segment of the population that worries me the most,鈥 said Elizabeth Amar谩n, a Miami-based immigration lawyer. 鈥淭here were many people who withdrew their asylum cases when they had their TPS, and they did this often times because they wanted to travel to Venezuela.鈥
What options do Venezuelans without asylum applications or family petitions have?
Venezuelans without an asylum case or family petition face a more complicated future. They will likely fall out of status once TPS ends, which could trigger deportation proceedings. However, the ongoing political and social crisis in Venezuela offers a strong basis for those who choose to apply for political asylum, as the country remains under a repressive dictatorship with widespread economic hardship.
What alternative options are there for TPS beneficiaries to stay in the U.S.?
Once TPS is revoked, beneficiaries may apply for political asylum, either based on the one-year rule 鈥 the requirement that asylum seekers file their Form I-589 within one year of their last arrival in the United States 鈥 or by seeking 鈥渨ithholding of removal,鈥 protection from deportation. Although they will need to present strong cases, those who genuinely fear returning to Venezuela may have a legitimate basis to stay in the U.S. legally.
What are the risks of filing an asylum case without proper grounds?
It鈥檚 crucial to understand that asylum applications should not be filed lightly. Immigration authorities may reject frivolous or unsubstantiated cases. Fraudulent asylum claims can have severe consequences. However, individuals who genuinely fear returning to Venezuela due to political persecution or violence have a solid basis for seeking asylum.
How much time does the TPS recipient have to leave the country after the loss of status?
If a TPS recipient loses their status and must leave the U.S., the government is unlikely to grant an extension to get their affairs in order. The only option may be to return to Venezuela, but doing so presents significant challenges, especially for those who have established lives, businesses, or families in the U.S.
Can TPS holders apply for asylum if they鈥檙e at risk of deportation?
Yes, TPS holders facing TPS termination can apply for asylum without the immediate fear of detention. A pending asylum application allows them to stay in the U.S. while their case is decided.
How should someone proceed if they wish to file an asylum application?
It鈥檚 important for anyone considering asylum to ensure they have a legitimate fear of returning to their home country. Asylum should not be used as a delay tactic. The application must be grounded in real fears of persecution or danger, as frivolous applications can lead to long-term negative immigration consequences.
What should someone consider before filing an asylum application?
Before applying for asylum, individuals should ensure they have strong and valid reasons for doing so. Genuine fears of returning to Venezuela 鈥 due to political repression or violence 鈥 could provide a valid basis for asylum. However, it鈥檚 essential to avoid submitting unfounded claims, as this could jeopardize future immigration opportunities.
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