Losing Venezuela TPS! Can I Apply for Asylum More Than One Year Later?
Losing Venezuela TPS! Can I Apply for Asylum More Than One Year Later?
The Department of Homeland Security has the addresses of the almost 1 million Venezuelans whose Temporary Protected Status (TPS) will expire in 2025. So, the government can send these noncitizens a letter the DAY AFTER the expiration telling them to appear in Immigration Court because they have no right to remain in the country. One of the few ways to avoid going to court, and keep a work permit, is by filing for asylum.
A noncitizen can get asylum even if they entered the United States more than one year ago. They have a VERY short window – no more than 60 days – to apply. So, if you are a Venezuelan whose TPS is going to expire in April 2025 (or will probably expire in September 2025) and you fear significant harm if you are deported, apply for asylum NOW
Must Apply for Asylum Within a “Reasonable” Time
A Venezuelan must apply for asylum – to defend against being deported – within one year after entering the United States. One exception, however, allows a Venezuelan to file asylum MORE THAN one year after entering if they were in TPS status until “a reasonable time” before submitting the application to the government. The problem is that immigration judges disagree about what is “a reasonable time.” One judge might say that a Venezuelan who filed for asylum within two months after their TPS expired applied during a reasonable time. Another judge – overworked, underpaid, and perhaps wanting to avoid 300 pages of evidence and three hours of testimony – might say two months is unreasonable. The second judge will deny the asylum application as filed too late.
EXPERT TIP: Apply for asylum IMMEDIATELY. Blandon Law files asylum applications online. Our clients get a government receipt in one day; they can print it to prove they are in the country legally.
Two Reasons Why You Should Apply for Asylum ASAP
Reason #1 – Keep Your Work Permit. A Venezuelan will be able to get an asylum-based work permit, like the one in the photo, about six months after filing for asylum. Venezuelans whose TPS-based work permits expire in September 2025 will have no time without a work permit if they file for asylum in March 2025.
Reason #2 – Keep Your Authorized Presence. If you wait until your TPS expires to apply for asylum, you will have a “gap” in authorized presence. For example, if your TPS expires on April 7, 2025, and you file your asylum application on April 10, 2025, you will have a “gap” in authorized presence from April 8 through April 9. Any gap (even one day) prevents Venezuelans from getting employment-based green cards in the United States through adjustment of status.
Also, it will easily take one month to gather the needed documents, including translations, that must be sent together with the asylum application. Bottom line: hire a trusted asylum expert NOW if you fear returning to Venezuela.
Immigration requires the knowledge, experience, and advanced care of trusted asylum experts. If you or your friends need professional immigration help, call 954.385.0157 to schedule a chat with our expert immigration attorneys. Learn how Blandon Law can assist you: call 954.385.0157 or click “For Future Clients” today today to schedule a talk with a Board-certified immigration lawyer.
Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
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