New DED for Venezuelans

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In an unlikely move, the Trump administration approved a DED for Venezuelans the day before leaving office. Deferred Enforced Departure (DED) is a form of relief from removal. It will allow some Venezuelans to stay and work legally in the US for the next 18 months. The president can renew this period. Here we’ll tell you everything you need to know.

What is DED?

DED allows individuals from countries with conflicts or a natural disaster to stay and work in the US. It provides a stay of removal and the right to work for a specific period. The temporary Deferred Enforced Departure for Venezuelans lasts 18 months. Yet, you can renew it.

The DED is at the sole discretion of the President. Then-President Trump issued an executive order providing relief for Venezuelans. Thus, the eligibility criteria are set forth in the said executive order.

The DED for Venezuelans makes them eligible for work authorization. Plus, they can travel abroad if they apply for advance parole. This may allow people without a visa to re-enter the US after traveling abroad.

Venezuela is just the second country to receive an current DED. It will join Liberia, which received a DED in 2007. This decision may impact between 94k and 200k Venezuelans. Around 94k Venezuelans are in the US without authorization. Yet, it will benefit more because it also helps Temporary Protected Status (TPS) applicants.

What’s the difference between TPS and DED?

If you know a thing or two about immigration, the DED sounds deeply familiar. You probably think it’s the same as the TPS. They are quite similar, but it has a few differences:

  • The DED protects from deportation, while the TPS is a temporary immigration benefit.
  • The President designates the DED, while the DHS Secretary designates the TPS.
  • TPS must consult with the Secretary of State. The DED does not.

Which Venezuelans can apply for the DED? Which can’t?

Almost any Venezuelan who entered the US before January 20, 2021, is eligible. Yet there are a few exceptions:

  • First is people who have departed the US.
  • Second is people inadmissible to the US.
  • People who were convicted of a felony or two or more misdemeanors in the US.
  • People who have been deported from the US before Jan 20, 2021.
  • Those subject to extradition.
  • People who came to the US after Jan 20, 2021.

How can I apply? Will it expire after 18 months?

USCIS hasn’t provided a procedure for it. Yet, generally, the status is given automatically.

It expires in 18 months. Yet, the President can reverse, amend, or extend the relief.

Can I work in the US and travel abroad?

The order allows Venezuelans to apply for work authorization. You will need to prove your Venezuelan nationality and your presence in the US before the deadline with your Form I-764 application for work authorization.

Deferred Enforced Departure does not include an automatic travel authorization. You will need to apply for advanced parole. This document may allow you to re-enter the US without a visa. Thousands of Venezuelans have gone years without seeing their families. The humanitarian crisis has separated many families. The DED might help many Venezuelans travel abroad and see their families.

We can help you apply for advanced parole and work authorization in the US. The DED will allow you to acquire legal status in the US. Thus, it will improve your conditions. In HMA, we are eager to help you. Contact us right now.

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