When TPS for Venezuela officially ended in September 2025, more than 470,000 Venezuelan nationals in the U.S. lost their lawful status. Now, in January 2026, many are nearing the critical 180-day unlawful presence threshold with limited legal options, growing uncertainty, and rising risk of removal.
In response to the TPS termination, senior U.S. official Kristi Noem suggested that Venezuelans should “file for refugee status.” The statement created significant confusion. Refugee status does not apply to individuals already inside the United States. This misunderstanding can lead to serious consequences for those who take misguided action.
Refugee Status vs. Asylum: Know the Difference
Refugee status applies to individuals outside the United States who are seeking protection through international channels such as UNHCR or U.S. embassies abroad. The process is lengthy, slow, and subject to global quotas.
Asylum is the legal avenue for individuals who are already inside the U.S. and fear persecution if returned to their country. While asylum is technically available, the political climate makes approval increasingly difficult.
Asylum Claims Face Serious Political Obstacles
The current U.S. administration considers Venezuela to be under stable, U.S.-aligned leadership following the removal of Nicolás Maduro. This means:
- Claims of persecution by Maduro’s regime are now considered outdated by U.S. immigration authorities.
- Individuals who supported or were affiliated with Maduro may fear retaliation. However, such claims are unlikely to succeed under current policy.
- Most asylum applications submitted under these circumstances will face heavy scrutiny and likely denial.
Filing an asylum claim without strong documentation and legal merit may result in a referral to immigration court. This carries long-term risks that may outweigh the short-term benefits of applying.
Unlawful Presence Penalties Are Approaching
TPS expired in September 2025. Since then, former recipients who have not transitioned to another legal status are accruing unlawful presence.
Here is what the law says:
- If you remain in the U.S. more than 180 days without lawful status and then depart, you trigger a 3-year reentry bar.
- If you remain for 365 days or more, the bar increases to 10 years.
These penalties apply regardless of whether the departure is voluntary or ordered. They can significantly reduce your ability to reenter the U.S. or qualify for future visas or green cards.
As of January 2026, the 180-day deadline will arrive in March. That is less than two months from now.
What Not to Do
- Do not rush to file an asylum application without a strong case. Weak or unsupported filings are likely to be denied and may result in removal proceedings.
- Do not assume that refugee status is an option. It is not available to individuals inside the U.S.
- Do not ignore your immigration status. Unlawful presence triggers automatic penalties that may affect your future eligibility.
What You Should Do Now
- Review your immigration status and timeline carefully.
- Speak with a qualified immigration attorney to understand your legal options.
- Consider alternatives that may apply to your situation, including:
- Adjustment of status through marriage to a U.S. citizen or qualifying relative.
- Change of status to a different visa category, such as student or visitor.
- Employment-based immigration, in limited cases.
- Voluntary departure, planned with legal counsel to avoid penalties.
Each case is different. A deliberate, well-informed decision is far better than a rushed response.
A Legal Gap with No Bridge
The U.S. government’s decision to end TPS for Venezuela without creating a legal transition path left hundreds of thousands of people in limbo. Kristi Noem’s suggestion to apply for refugee status, while possibly well-intended, reflects a legal misunderstanding that further clouds an already unclear situation.
This inconsistency in policy has created a dangerous environment. TPS holders are now faced with few options while the risk of unlawful presence penalties grows each day.
What Ahluwalia Law Offices Recommends
We strongly urge Venezuelan nationals affected by the end of TPS to seek individualized legal counsel. The consequences of inaction or missteps are serious. A rejected asylum claim or a 3-year bar from reentry can set your case back years.
If you or your loved ones are unsure what to do next, contact Ahluwalia Law Offices today. Our team will help you understand your legal options, avoid unnecessary risks, and make informed decisions based on your specific circumstances.y the end of TPS, contact our office today. We are here to help you explore every legal avenue.
