Navigating Asylum Options for Venezuelans

In light of deepening crisis conditions in Venezuela and shifting U.S. immigration policy, many Venezuelans in the United States are considering applying for asylum. This post outlines the asylum process, special considerations for Venezuelans, recent policy updates, and steps you or your clients should consider.

1. What is Asylum?

Asylum is a form of protection for people in the United States who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Applying for asylum allows an individual to request protection from removal, and if granted, eventually may lead to lawful permanent residency. Unlike temporary statuses, asylum does not depend solely on the conditions of the home country but on the individual showing of risk and persecution.

2. Why Venezuelans Should Consider Asylum

Venezuelans face a unique set of circumstances: political instability, economic collapse, human rights abuses, and mass migration. These conditions may support claims of persecution or well-founded fear of persecution.

At the same time, key U.S. protections such as the Temporary Protected Status (TPS) for Venezuela have been subject to termination and litigation. (USCIS 2) As an immigration attorney or legal‑tech advisor, it’s important to note that asylum may serve as a longer‑term pathway compared to temporary protections that could end.

3. Eligibility Requirements and Key Considerations

To apply for asylum, certain requirements must be met:

Be physically present in the United States and either be applying affirmatively (generally within one year of arrival) or defensively (in removal proceedings).
Demonstrate persecution or well‑founded fear of persecution on protected grounds (race, religion, nationality, social group, political opinion).
Persons who previously held lawful status (such as TPS) still may be eligible even if the one‑year filing deadline has passed—because exceptions may apply when another immigration status was maintained. (The Legal Aid Society)

Important considerations for Venezuelans:

If a person held TPS and it is now ending, filing for asylum before the expiration of that protected status can be critical. (ASAP)
Evidence of persecution may include political opposition in Venezuela, human rights abuses, membership in a persecuted group (e.g., LGBTQ+, opposition activists), or social group membership.
Consider whether delays, prior status, or removal proceedings affect eligibility and strategy.

4. Process Steps and Timing

Consult with an experienced immigration attorney to evaluate whether your facts support an asylum claim.
Gather evidence of persecution: personal testimony, country condition reports (about Venezuela), medical records, affidavits, news articles.
If filing affirmatively (not in removal proceedings), submit Form I‑589 (Application for Asylum and for Withholding of Removal) generally within one year of arrival (with exceptions).
If already in removal proceedings, raise asylum defensively before the immigration judge.
Attend biometrics, interview, and possibly a hearing. Be prepared to argue nexus to protected ground and credibility.
Work authorization: after 150 days of a pending asylum application and if no delay is caused by you, you may apply for an Employment Authorization Document (EAD).
Keep updated about policy changes—given the volatility of TPS/other statuses, moving to asylum sooner rather than later may reduce risk of losing protection.

5. Risks, Challenges, and Strategy

Risks and challenges:

Asylum approvals are not guaranteed. Approval rates vary and the burden of proof is high. (WLRN)
If a person has had lawful status (TPS) that ends, timing matters: filing before termination of that status reduces exposure to removal.
If denied asylum, removal may follow unless another relief applies.
Evidence gathering for Venezuelans may involve demonstrating persecution rather than simply economic hardship—economic collapse alone may not suffice.

Strategy considerations:

Prioritize filing before any expiration of existing legal status.
Build a strong case around credible testimony and documented risk (political persecution, human rights violations, criminal reprisals).
Use country‑condition reports for Venezuela to show risk of return.
Leverage legal‑tech tools (document tracking, deadline alerts) to stay organized.
For clients with TPS or other temporary status, evaluate parallel pathways (asylum, family‑based petitions, employment‑based immigration) so they are not solely reliant on one status.

6. What to Do Now

For Venezuelan nationals in the U.S., or advisors working with them:

Immediately evaluate your current immigration status (TPS, parole, undocumented, etc.) and the expiration timeline.
If you hold TPS or another temporary status that is ending, schedule a consultation with an experienced asylum attorney as soon as possible.
Start collecting relevant evidence: identify membership in political/social groups, incidents of harm or threats in Venezuela, credible fear of return, and seek affidavits if possible.
Use technology to track deadlines, required forms, and submission dates.
Consider alternative relief paths as backup—family‑based petitions, employment‑based visas, other humanitarian relief.
Monitor policy changes regarding TPS, asylum and removal enforcement for Venezuelans.

This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

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