Can Venezuelans with Cancelled TPS Apply for Asylum in the U.S.?
The cancellation of Temporary Protected Status (TPS) for over 348,000 Venezuelans in the U.S., effective April 7, 2025, has created uncertainty among beneficiaries. However, some may have legal options to remain in the country, including the possibility of applying for asylum.
What Is Asylum and Who Can Apply for It?
Asylum is a legal remedy granted to individuals facing persecution in their home country due to their race, religion, nationality, membership in a particular social group, or political opinions. According to U.S. Citizenship and Immigration Services (USCIS), there are two types of applications:
- Affirmative Asylum: For those who are not in deportation proceedings and seek protection before being detained.
- Defensive Asylum: For those already in deportation proceedings and who need to demonstrate a credible fear of persecution to avoid removal.
Can Venezuelans with Cancelled TPS Apply for Asylum?
Yes, but with conditions. The law requires that asylum applications be submitted within the first year of arrival in the U.S. However, the National Immigrant Justice Center indicates that TPS beneficiaries may qualify for an exception if they file their application shortly after losing their status.
According to immigration experts, Venezuelans in this situation must act quickly and gather evidence to support their case, as the process is complex and any mistake could result in a removal order.
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How to Appeal a Denied Asylum Case
If an immigration judge denies the application, the applicant can file an appeal or update the information in their case. USCIS warns that asylum interviews require credible testimony, documentation, and reliable evidence, with no opportunity to present additional information after the initial evaluation.
Preparation and Mobilization of the Venezuelan Community
In response to community concerns, organizations and activists are promoting legal advice and actions to defend the rights of affected migrants. They recommend that Venezuelans with expired TPS begin the asylum process as soon as possible, given that conditions in Venezuela remain critical.
Conclusion
Although the cancellation of TPS poses a challenge for thousands of Venezuelans, asylum remains a viable alternative for those who can demonstrate a credible fear of persecution in their home country. The key is to act quickly, seek legal advice, and submit a well-documented application.
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