Wednesday, July 1, 2015

Temporary Protected Status for Nepal: What You Should Know


After much celebration on the recent announcement from the Department of Homeland Security designating Nepal a Temporary Protected Status (TPS), it seems many are still unclear on what TPS really means.  This article is an attempt to make it simple for an individual interested in learning more about this new status.


Temporary Benefits of TPS
  • You will not be removable from the United States such as deportation
  • You can obtain Employment Authorization Document (EAD) valid until December 24, 2016
  • You may be granted travel authorization to travel to Nepal


Who qualifies
  • Applicant has to be currently present in the U.S.
  • Applicant should have a continuous residence in the U.S. since June 24, 2015
  • Applicant should have a continuous physical presence in the U.S. since June 24, 2015
  • Applicant should be a Nepalese national OR people without Nepalese nationality but his/her last habitual residency is Nepal 
  • Who does not qualify: Convicted of felony or two or more misdemeanors in the U.S.


Who should apply
  • Applicant whose asylum request was denied
  • Applicant who fear of deportation
  • Applicant who intends to travel to Nepal
  • Applicant who are on Student Visa
  • Applicant whose visa has expired such as Work Visa and Tourist Visa


Who should not apply
  • Seems it's beneficial for an applicant with asylum pending request to not apply for TPS


What documents you need to apply
  • Application forms: I-821; I-765; I-601 (if applicable) and I-131 (if interested in travel)
  • Identity and Nationality Evidence such as Nepal Passport, Travel Document, school record, Tibetan green book or Birth Certificate
  • Date of Entry to the United States such as U.S. Custom and Border Protection stamp on your passport or I-94
  • Continuous Residence Evidence such as utility bills, cell phone bills, employment records, school letter, medical records, etc. 
  • Photographs



Application process

Registration begins June 24, 2015 and ends December 21, 2015

Fees: $50.00 - If you are under 14;
$515.00 - If you are between 14-65;
$135.00 - If you are over 66
*If you cannot pay the fee, you could apply for Fee Waiver.


Application Steps:
Step 1: File your application forms with copies of all supporting documents
Step 2: United States Citizenship and Immigration Services (USCIS) receives your application
Step 3: USCIS contacts you to go to the nearest Application Support Center (ASC)
Step 4: Visit ASC with all your original documents and USCIS letter
Step 5: Apply for travel document if interested (different process and fees for this document)
Step 6: USCIS determines your work eligibility (Work Permit)
Step 7: USCIS adjudicates your application - may ask for additional documents
Step 8: USCIS approves or denies your application
Step 9: Appealing a denial (if necessary) - may have to pay an additional $630.00 filing fee


Conclusion
As you see, TPS requires a lot of work to apply.  The work permit you receive will be valid till December 24, 2016 which is just about 18 months.  However, TPS for Nepal could be possibly extended after December 2016.  If extended, you need to re-apply form I-821 and I-765.

Please remember that TPS is a temporary benefit that does not lead to lawful permanent resident (Green Card) status or give any other immigration status in the United States.



Questions or need help? Contact Tenzin Consultancy Services at 347-537-2479; 646-854-5883 or TCSTenzin@gmail.com.
We speak Tibetan, Nepali and Bhutanese (Shar-chok-pa).




1 comment:

  1. It’s really a great topic selected by you to discuss over here. Sometime it’s difficult to get approval on visa. Lot of people discuss such things online and try to find out solution for the same so sharing such things which relate to visa, can really help people.
    Thanks & Regards,
    Working Visa Australia

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