On January 19th the outbound Trump administration issued a memorandum granting Deferred Enforcement (DED) for certain Venezuelans. While this grant, unfortunately, pre-empts the stated goal of the Biden team to grant the more generous protection of TPS, it is still a welcome reprieve to the humanitarian crisis in that nation.
This grant will result in two benefits lasting 18 months: employment authorization documents and deferral of removal of Venezuelan nationals, or aliens without nationality who last habitually resided in Venezuela. To qualify, the applicant must show that he/she:
- Is presently and residing continually in the United States as of January 20, 2021;
- Has not voluntarily returned to Venezuela or their country of last habitual residence outside the United States;
- Is not inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
- Has not been convicted of a disqualifying offense;
- Has not been physically deported, excluded or removed prior to January 20, 2021;
- Is not subject to extradition;
- Whose presence in the US has not been determined to be against the interest of the US or to be a danger to public safety; and
- Whose presence in the US the Secretary of State has not determined to be reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.
HAVE QUESTIONS? YOU CAN ALWAYS COME TO ANTONINI & COHEN WITH YOUR IMMIGRATION QUESTIONS. WE ARE HERE TO HELP.
Antonini and Cohen is experienced with DED cases and can help you determine if you are eligible and represent you with your DED case. To schedule a consultation visit us online or call us at (404) 850-9394.
At Antonini & Cohen, we have been providing energetic, effective and aggressive representation in all areas of American immigration law since 1991.