Our Immigration lawyer in Miami, Pamela Ferretjans, is happy to announce that on January 19, 2021, on the last night of President Trump in office, the Administration issued an executive order Suspending the Deportation for 18 months for certain Venezuelans. This executive order will provide temporary protection from deportation and work authorization for Venezuelans while in the United States.
The deferral applies to all nationals of Venezuela, or people without Venezuelan nationality who last habitually resided in Venezuela, and are physically present in the United States as of January 20, 2021.
Who may not Qualify for the Deferral of Deportations for Venezuelans:
Venezuelans that meet the criteria below may not qualify for the Deferral of Deportation, DED. Those who have:
- have voluntarily returned to Venezuela or their country of last habitual residence outside the United States;
- have not continuously resided in the United States since Jan. 20, 2021;
- are 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));
- have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet the criteria in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
- were deported, excluded, or removed, before Jan. 20, 2021;
- are subject to extradition;
- whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety; or
- whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.
President-elect Joe Biden, who takes office on January 20, 2021, has the authority to reverse or amend the executive action at any time.
This Executive Order could benefit as many as 200,000 Venezuelans in fear of being detained and sent back to the troubled South American nation.
We expect additional and significant immigration law and policy changes in connection with the change in administration. Please stay tuned for future updates. Follow us on Instagram @pamelaferretjans_lawyer
Call us now to set a consultation at +1-305-925-0811 or via Whatsapp (international only) to +1-786-859-4755
Last updated January 20, 2021.