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USCIS Provides Updated Guidance on Venezuela TPS After 03-31-2025 Court Order

4/9/2025

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USCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro Mayorkas extended the designation by 18 months. The move is pursuant to the Mar. 31, 2025, district court order temporarily halting the DHS’s recission of TPS for Venezuelans. Employers should stay updated on the progress of the litigation.

Expiration dates under the Jan. 17, 2025, extension are as follows:
  • The 2021 designation currently expires Sept. 10, 2025. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.
  • The 2023 designation is extended through Oct. 2, 2026. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.
Accordingly, employees with Venezuela TPS must be re-verified by Apr. 3, 2026. Employers should enter an expiration date of Apr. 2, 2026, on Supplement B of the I-9 form.

​https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela
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USCIS DHS Terminated TPS for Venezuela

2/4/2025

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The DHS has revoked Temporary Protected Status, or TPS for more than 300,000 Venezuelans in the United States (October 2023 TPS), leaving the Venezuelans vulnerable to potential deportation in the coming months. 

In September 2025, 2021 TPS for Venezuela will come to the end too.

This time, the administration has decided to make the changes more immediate. Those under TPS from Venezuela who received the protections in 2023 will lose their temporary status 60 days after the government publishes the termination notice.

The notice indicates that more than 300,000 Venezuelans had TPS until April 2025. Another group of more than 250,000 Venezuelans have protections through September and for now will not be affected, but could be in danger of losing their status in the future. 


On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem decided to terminate Temporary Protected Status (TPS) under the 2023 designation for Venezuela.
TPS and related benefits associated with the 2023 designation will no longer be in effect starting 60 days after publication of the termination notice in the Federal Register.

This announcement impacts approximately 600,000 Venezuelans currently in the United States with TPS.
Former Secretary Mayorkas designated Venezuela for TPS once on May 9, 2021, and a second time on Oct. 3, 2023. Under Secretary Mayorkas’ Jan. 17, 2025, notice, TPS was extended as follows:
  • The 2021 designation expires Sept. 10, 2025. Employment authorization documents for individuals who registered under the 2021 designation expire April 2, 2026.
  • The 2023 designation expires Oct. 2, 2026. Employment authorization documents for individuals who registered under the 2023 designation expire April 2, 2026.
2021 registrants were permitted to register under the 2023 designation. Secretary Noem’s announcement intends to vacate the Jan. 17, 2025, notice. Following Secretary Noem’s announcement, any 2021 registrants who registered under the 2023 designation will have their 2021 designations restored.

As a result of this announcement, USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and Applications for Employment Authorization (Form I-765) filed under former Secretary Mayorkas’ Jan. 17, 2025, redesignation. USCIS will cease processing applications already submitted and return associated filing fees. Additionally, USCIS will invalidate Venezuela TPS work authorization documents, approval notices, and I-94 forms issued with Oct. 2, 2026, expiration dates.

It will be published in the Federal Register on February 5, 2025.

The USCIS webpage TPS for Venezuela.



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Humanitarian Parole Process Paused for Cubans, Haitians, Nicaraguans, and Venezuelans

8/14/2024

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Parole Process Paused for Cubans, Haitians, Nicaraguans, and Venezuelans

The Department of Homeland Security DHS has temporarily paused the issuance of advance travel authorizations (ATAs) for Cuban, Haitian, Nicaraguan, and Venezuelan beneficiaries while it reviews the supporter application process.

U.S. Citizenship and Immigration Services (USCIS) said it continues to accept Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, but no requests will be confirmed until the review of the supporter application process is complete.

“Beneficiaries who have already received an ATA should check their myUSCIS account for updates before making travel arrangements and prior to travel. Individuals with a valid ATA are permitted to travel. ATA processing will restart as soon as possible once this thorough review concludes,” USCIS said.

The U.S. government may grant advance travel authorization to up to 30,000 noncitizens each month to seek parole on a case-by-case basis under the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. Effective May 17, 2023, under the new review process, USCIS randomly selected about half of the monthly total of Forms I-134A, Online Request to be a Supporter and Declaration of Financial Support, regardless of filing date, from the entire pending workload to review. We will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the first-in, first-out method, which prioritizes the oldest Forms I-134A for review. This is intended to maintain a meaningful and equitable opportunity for all beneficiaries of a Form I-134A to move forward through the process and seek advance travel authorization.

Eligible beneficiaries must:
  • Have a supporter in the United States;
  • Undergo and clear robust security vetting;
  • Meet other eligibility criteria; and
  • Warrant a favorable exercise of discretion.

USCIS posted here.

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TPS Extension and Redesignation for Venezuela

10/21/2023

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In September 2023, the Department of Homeland Security (DHS) announced both the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. The detailed instructions are now available in the Federal Register.
The 18-month extension of TPS and employment authorization for those who already have TPS runs from March 11, 2024, until September 10, 2025.
The redesignation, on the other hand, runs from October 3, 2023, until April 2, 2024.

The timing for applying for the extension and the redesignation are different.

Venezuelans who are already in TPS and have employment authorization must apply for the extensions during the 60-day registration period that runs from January 10, 2024, until March 10, 2024. Failure to re-register could result in a withdrawal of status.

Because DHS recognizes that there may be a gap in employment authorization even for those who timely apply, Venezuelan TPS-based Employment Authorization Documents (EADs) with expiration dates of March 10, 2024, or September 9, 2022, will be automatically extended until March 10, 2025. Once new EADs are issued, they will have an expiration date of April 2, 2025.

Individuals who are taking advantage of the redesignation may make initial TPS and EAD applications between October 3, 2023, and April 2, 2025, when the redesignation will expire. As with those seeking extensions, individuals must meet all the general eligibility requirements, but they also must show:
  • Continuous residence in the United States since July 31, 2023; and
  • Continuous physical presence in the United States since October 3, 2023.
Individuals making initial applications must have a valid EAD to show work authorization. The automatic extensions would not apply.
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USCIS Updates Review Process for the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

5/18/2023

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​The U.S. government is granting advance travel authorization for up to 30,000 noncitizens each month to come to the United States to seek parole on a case-by-case basis under the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. Due to high interest in these processes, USCIS is updating the review process effective May 17, 2023.
We are updating the review process because the number of supporters who have submitted Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, is significantly higher than the 30,000 monthly travel authorizations available. It is intended to maintain a meaningful and equitable opportunity for all beneficiaries of a Form I-134A to move forward through the process and seek advance travel authorization.
Under the new review process that went into effect on May 17, USCIS will randomly select about half of the monthly total, regardless of filing date, from the entire pending workload of Form I-134A to determine whether the case can be confirmed.
We will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the first-in, first-out method, which prioritizes the oldest Forms I-134A for review.
Potential supporters should not submit a duplicate Form I-134A for the same beneficiary. We will not accept a duplicate Form I-134A if a previously submitted Form I-134A between the same potential supporter and beneficiary is pending. If we do not confirm a Form I-134A, but a supporter believes they meet the requirements to be a supporter under the process, they may file a new Form I-134A and submit additional information as evidence.
Under this updated review process, processing times will vary. Potential supporters may monitor the status of a Form I-134A they filed in their USCIS online account or check the most recent status in Case Status Online. The USCIS Contact Center cannot provide any additional information about the status of your case.
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Filing Advice for I-134A Uniting for Ukraine, Venezuela, Haiti, Cuba, Nicaragua

5/2/2023

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Filing Tips for Supporters and Beneficiaries of
Uniting for Ukraine and 
the
Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

​
U.S. Citizenship and Immigration Services (USCIS) is receiving many duplicate filings of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, and related inquiries to our Contact Center. These tips will help you properly submit Form I-134A as well as correct any errors you discover after you submit it.
Duplicate Filings of Form I-134A
Some potential supporters are filing multiple Forms I-134A for the same beneficiary. This adds to our workload, which delays processing. Please do not file more than one Form I-134A for the same beneficiary as this may delay processing of the beneficiary you are agreeing to support. Please understand that it may take some time to process your request. If you have not received a decision on a Form I-134A you filed on behalf of a beneficiary, the best way that you can check your case status is through your USCIS online account. Do not file another Form I-134A for that beneficiary until you receive a decision on the first Form I-134A filed.
Potential supporters who wish to support more than one beneficiary must file one Form I-134A for each beneficiary. Do not submit duplicate Forms I-134A for the same beneficiary.
How to Check Case Status
After you file Form I-134A with USCIS, we will send you a receipt notice to indicate that we received your request. Please remember that processing of your Form I-134A may take some time, however, we are working on your request as quickly as we can. To get up-to-date information about a case, enter the receipt number (which begins with IOE) into Case Status Online at uscis.gov/casestatus. As mentioned above, you can also get case status in your USCIS online account.

Which Form to Use
As of Jan. 6, 2023, potential supporters must use the new Form I-134A, instead of Form I-134, Declaration of Financial Support. If you submitted Form I-134 online before Jan. 6, 2023, we will continue to process your case; you do not need to file a new form.

How to Avoid Delays
We are receiving many Forms I-134A with multiple typos and errors.
  • If you wish to be a supporter, review all the information on Form I-134A before you submit it. Common mistakes include: misspelling the beneficiary’s name; incorrect dates of birth; incorrect passport numbers; and incorrect email addresses.
  • If USCIS confirms your Form I-134A, which means USCIS has approved your request to be a supporter, and the beneficiary’s email address is incorrect, they will not receive the email with instructions to set up their online account, verify their biographical information, and complete other next steps to be considered for parole. It is important for supporters to enter the correct email address for the beneficiary, otherwise, they would need to contact USCIS to request a correction to the email address they entered for the beneficiary, causing additional delays.
  • If you are a beneficiary, carefully review all the information your supporter entered about you before you submit your biographical information to U.S. Customs and Border Protection (CBP). Check for misspellings in your name, incorrect date of birth, or mistyped passport number. Any typographical errors in what you submit to CBP can delay your application.
How to Correct Mistakes on Form I-134A
We have added a new section to our frequently asked questions pages for Uniting for Ukraine and the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans that explains how to correct mistakes on a Form I-134A. If there is an error on your Form I-134A, you should submit a secure message through your USCIS online account to notify us of the error.
Tip: Do not call the USCIS Contact Center to correct an error on a Form I-134A you filed unless you are unable to correct the error through your online account.
For more information about Uniting for Ukraine, visit uscis.gov/ukraine. For more information about the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, visit uscis.gov/chnv.

​Additional answers.
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Avoid Immigration Scams: Uniting for Ukraine, and other Humanitarian Processes

1/25/2023

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​Avoid Scams – Uniting for Ukraine and Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

Uniting for Ukraine and the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, provide pathways for nationals of these countries and their immediate family members to come to the United States and stay temporarily in a 2-year period of parole.

USCIS is asking potential supporters and beneficiaries of these parole processes to be cautious of scams and rumors. There has been an increase in scams and predatory behavior targeting individuals from these countries who may be considered for parole under these processes. Scammers and other bad actors exploit their victims by creating uncertainty and misinformation. Find more information on scams and legal services on the USCIS Avoid Scams webpage.
​
Some common scams and misleading offers to be aware of include:
  • Government impersonators: Look out for scammers posing as USCIS officials. USCIS will only contact you through official government channels and will not contact you through your personal social media accounts (such as Facebook, Twitter, LinkedIn, etc.).
  • Misleading offers of support: Look out for individuals who attempt to contact you online or through your social media accounts to offer to be your supporter or connect you to a supporter in exchange for a fee or your biographic information, such as your passport number or date of birth. Supporters should be able to provide financial support to beneficiaries for up to a 2-year period of parole. Beneficiaries are not obligated to repay, reimburse, work for, serve, marry, or otherwise compensate their supporter in exchange for the potential supporter submitting Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on their behalf or for providing financial support while they are in the United States. Find more information on potential exploitation and abuse in the Understand Your Rights guide.
  • Scam websites: Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application, petition, or request. Make sure your information is from uscis.gov, dhs.gov, or is affiliated with uscis.gov. Make sure the website address ends with .gov.
  • Payments by phone or email: USCIS will never ask you to transfer money to an individual. We do not accept Western Union, MoneyGram, PayPal, or gift cards as payment for immigration fees. In addition, we will never ask you to pay fees to a person on the phone or by email.
  • Notarios Públicos and unauthorized practitioners of immigration law: In the United States, a notario público is not authorized to provide you with any legal services related to immigration benefits.

    ​Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice. 

To schedule an appointment with an attorney, please email us.
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Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans

1/6/2023

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On January 5, 2023, in addition to Ukraine and Venezuela, the Department of Homeland Security (DHS) announced a similar program for qualifying citizens of Cuba, Haiti, and Nicaragua to apply for a parole.

They have to have a U.S.-based supporter, get approved for travel authorization, and travel to the USA by air.

Individuals arriving under this new process may also apply for work authorization.

DHS also announced elimination of the numerical cap for a similar process for Venezuelans announced earlier this year.

This process will provide a way for qualifying nationals of Cuba, Haiti, and Nicaragua who are outside the United States and lacking U.S. entry documents to come to the United States. Through a fully online process, individuals can be considered, on a case-by-case basis, for advance authorization to travel to the United States and seek a temporary period of parole for up to two years, provided that they:

Have a supporter in the United States who will provide financial and other support;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.
DHS will begin implementing these new processes for Cubans, Haitians, and Nicaraguans on Jan. 6, 2023. For additional information on the process and eligibility requirements, please see the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans page.

*** Starting Jan. 6, 2023, you must submit Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, if you are a potential supporter of a:

Ukrainian or their immediate family member as part of Uniting for Ukraine; or
Cuban, Haitian, Nicaraguan, or Venezuelan or their immediate family member as part of the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.
You should not file Form I-134, Declaration of Financial Support, if you are a potential supporter of an individual under Uniting for Ukraine or the Process for Cubans, Haitians, Nicaraguans, and Venezuelans.

If you submitted Form I-134 online before Jan. 6, 2023, under Uniting for Ukraine or the Process for Venezuelans, your case will continue to process and no further action is required. You should not submit a Form I-134A.

Access to these processes is free. Neither the U.S. supporter nor the beneficiary is required to pay the U.S. government a fee.

https://www.uscis.gov/CHNV
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Process for Venezuelans - Humanitarian Parole for 2 years.

10/18/2022

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On Oct. 12, 2022, the United States announced a new process that allows Venezuelan nationals and their immediate family members to come to the United States. This provides a safe and orderly way for nationals of Venezuela who are outside the United States and lack U.S. entry documents to be considered, on a case-by-case basis, for advance authorization to travel and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit.

To participate in this process, Venezuelan nationals must:
Have a supporter in the United States;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion
.

Individuals participating in the process must have a supporter in the United States who agrees to provide them with financial support for the duration of their parole in the United States.

The first step in the process is for the U.S.-based supporter to file a Form I-134, Declaration of Financial Support, with USCIS for each Venezuelan national or immediate family member they seek to support, including minor children. The U.S. government will then vet the supporter to ensure that they are able to financially support the Venezuelan nationals they are agreeing to support.

Once in the USA, a Venezuelan national can apply for a Work Permit and a SSN.

Eligibility:
​
Supporter:
Examples of individuals who meet the supporter requirement include:
  • U.S. citizens and nationals;
  • Lawful permanent residents, lawful temporary residents, and conditional permanent residents;
  • Nonimmigrants in lawful status (who maintain their nonimmigrant status and have not violated any of the terms or conditions of their nonimmigrant status);
  • Asylees, refugees, and parolees;
  • Temporary Protected Status (TPS) holders; and
  • Beneficiaries of deferred action (including deferred action for childhood arrivals) or DED.

Venezuela national:
A Venezuelan national (or their immediate family member) who is outside the United States and who may be considered for parole under this process.
Immediate family members in this process include:
  • The spouse or common-law partner of a national of Venezuela; and
  • Their unmarried child(ren) under the age of 21. NOTE: If a child is under 18, they must be traveling with a parent or legal guardian in order to use this process.


https://www.uscis.gov/venezuela

To schedule a consultation, please email or use our webform to schedule.



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New Program for Venezuela and TPS Extension

10/12/2022

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(1) New program similar to Uniting for Ukraine was announced today for Venezuela.

​Details to follow soon at. https://www.uscis.gov/venezuela

The Biden administration agreed to accept up to 24,000 Venezuelan migrants at U.S. airports, similar to how Ukrainians have been admitted since Russia’s invasion, while Mexico has agreed to take back Venezuelans who come to the U.S. illegally over land, the U.S. and Mexico said Wednesday.

To be eligible, Venezuelans must:

have a supporter in the United States who will provide financial and other support;
pass rigorous biometric and biographic national security and public safety screening and vetting; and
complete vaccinations and other public health requirements.

*** Venezuelans are ineligible if they:

have been ordered removed from the United States in the previous five years;
have crossed without authorization between ports of entry after the date of announcement;
have irregularly entered Mexico or Panama after the date of announcement, or are a permanent resident or dual national of any country other than Venezuela, or currently hold refugee status in any country; or
have not completed vaccinations and other public health requirements.

Venezuelans approved via this process will be authorized on a case-by-case basis to travel to the United States by air directly to an interior port of entry, thus relieving pressure at the border. Once in the United States, they will be eligible to apply for work authorization.


(2)  DHS Announces Extension of Temporary Protected Status TPS for Venezuela Until March 10, 2024.

Release Date: July 11, 2022
WASHINGTON--Secretary of Homeland Security Alejandro N. Mayorkas is extending the designation of Venezuela for Temporary Protected Status (TPS) for 18 months. 

The 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024. Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS. Approximately 343,000 individuals are estimated to be eligible for TPS under the existing designation of Venezuela. 
The forthcoming Federal Register notice will provide instructions for re-registering for TPS and applying for the renewal of an Employment Authorization Document (EAD). Venezuelans who are currently eligible for TPS under the existing designation but may have not yet applied with U.S. Citizenship and Immigration Services (USCIS) should file their applications prior to the September 9, 2022, application deadline, including those Venezuelans who are covered under the January 2021 grant of Deferred Enforced Departure (DED). Venezuela’s DED is set to expire July 20, 2022. 

​Read more here.
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TPS for Venezuela Extended for 18 Months Until March 10 2024

7/11/2022

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USCIS announced today that they are extending the designation of Venezuela for Temporary Protected Status (TPS) for another 18 months.
​
The 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024. Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension.

Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS.

Approximately 343,000 individuals are estimated to be eligible for TPS under the existing designation of Venezuela.

​TPS for Venezuela page at USCIS is here.

​Extensión del TPS de VenezuelaEl Departamento de Seguridad Nacional anunció la extensión del Estatus de Protección Temporal (TPS) de Venezuela por 18 meses, desde el 10 de septiembre de 2022 hasta el 10 de marzo de 2024.
La extensión del TPS de Venezuela por 18 meses entrará en vigor el 10 de septiembre de 2022. DHS publicará una notificación en el Registro Federal que explicará cómo reinscribirse bajo la designación de Venezuela y solicitar un Documento de Autorización de Empleo (EAD). Se estima que aproximadamente 343,000 personas estar elegibles para TPS bajo la designación existente de Venezuela. 
USCIS continuará con el procesamiento de las solicitudes pendientes. Los solicitantes que tengan un Formulario I-821, Solicitud de Autorización de Empleo o el Formulario I-765, Solicitud de Autorización de Empleo, no tienen que presentar la solicitud nuevamente. Si USCIS aprueba su Formulario I-821 pendiente presentado durante la designación inicial de TPS para Venezuela, USCIS le otorgará al solicitante TPS hasta el 10 de marzo de 2024. De manera similar, si USCIS aprueba un Formulario I-765 pendiente relacionado con TPS para un solicitante inicial, emitirá un nuevo EAD válido hasta el 10 de marzo de 2024.
Mas Información
DHS planificará y coordinará oportunidades de enlace comunitario con respecto a la extensión y redesignación de TPS para Venezuela para brindar información y responder preguntas del público.
Para obtener la información más actualizada relacionada con el Estatus de Protección Temporal, visite nuestra página de TPS.

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    Luba Smal is an attorney exclusively practicing USA federal immigration law since 2004.  She speaks English and Russian. 

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