26 Oct

Temporary Protected Status (TPS) Extended for Nepal till June 2018

The United States Citizenship & Immigration Services (USCIS) announced yesterday that they would automatically extend TPS for Nepal through June 28, 2018

Re-Registering for TPS:

For those that already have TPS, you MUST re-apply between October 26, 2016 through December 27, 2016 to maintain status

If you are a TPS beneficiary under the Nepal designation and your EAD is based on your TPS status with an original expiration date of December 24, 2016, your EAD is covered by this automatic extension.

To prove that you are authorized to continue working legally, you may show the following documentation to your employer and government agencies:

  • Your TPS-related EAD with a December 24, 2016 expiration date; and
  • A copy of the Federal Register notice announcing the automatic extension.

Late Initial Filing for TPS
You can apply for TPS for the first time during an extension of your country’s TPS designation period. If you qualify to file your initial TPS application late, you must still independently meet all the TPS eligibility requirements listed in the Eligibility section for Nepal.

To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below:

  • During either the initial registration period of Nepal’s designation or during any subsequent initial registration period if Nepal was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition
    • You were a non-immigrant, were granted voluntary departure status, or any relief from removal
    • You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal
    • You were a parolee or had a pending request for re-parole
    • You are a spouse of an individual who is currently eligible for TPS

OR

  • During either the initial registration period of  Nepal’s designation or during any subsequent initial registration period if Nepal was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for Nepal, you may still be eligible for late initial filing even if you are now over 21 years old or married.  You may file during an extension of Nepal’s TPS designation time period.

Eligibility Criteria for Nepalese

In order to be eligible for TPS as a Nepali National, you MUST:

Continuous Physical Presence and Continuous Residence in the United States since June 24, 2015

You may NOT be eligible for TPS or to maintain your existing TPS if you:

  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
  • Fail to meet the continuous physical presence and continuous residence in the United States requirements;
  • Fail to meet initial or late initial TPS registration requirements; or
  • If granted TPS, you fail to re-register for TPS, as required, without good cause.

 

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