Responding to Smuggling Allegations Against Venezuelan TPS Applicants

U.S. Citizenship and Immigration Services (USCIS) has increasingly alleged that Temporary Protected Status (TPS) applicants—primarily Venezuelans—have smuggled a family member when entering the United States. This practice advisory begins by providing background on this issue. The practice advisory then discusses how smuggling allegations prejudice Venezuelan TPS applicants given their unique circumstances such as geography, family ties, residence in other countries after fleeing Venezuela, and dual citizenship. Next, the practice advisory suggests how practitioners can analyze INA § 212(a)(6)(E)(i), address question 22 in Part 7 on the TPS application, and respond to a Request for Evidence, Notice of Intent to Deny, or Notice of Intent to Withdraw. Finally, the practice advisory describes the basics of filing the INA § 244(c)(2)(A)(ii) TPS inadmissibility waiver.