After beginning initial registration over the summer, the deadline for eligible nationals of Nepal (and those who last habitually resided in Nepal) to register for Temporary Protected Status (TPS) is fast approaching. The Nepal TPS designation runs from June 24, 2015 through Dec. 24, 2016.
TPS designation is assigned by the Department of Homeland Security (DHS.) The DHS secretary can extend TPS to any country for temporary reasons, which include:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
U.S. Citizenship and Immigration Services (USCIS) characterizes TPS as a temporary benefit that doesn’t lead to lawful permanent resident– green card– status. At the same time, immigrants with TPS status can:
- Apply for nonimmigrant status
- File for an adjustment of status based on an immigrant petition
- Apply for any other eligible immigration benefits or protections
DHS is prohibited from detaining immigrants with TPS status based on this immigration status.
For those registering for TPS, gaining the status requires meeting certain criteria. Chief among these are a continuous physical presence in the United States as well as continuous residence since June 24, 2015. USCIS also requires all those who apply for TPS status to undergo security checks. Those applicants with certain criminal records or who threaten national security are declined.
According to a December 7 USCIS release, Nepalese nationals registering for TPS require:
- Form I-821, Application for Temporary Protected Status and the application fee (or fee waiver request)
- Biometric services fee (or a fee-waiver request) if you are 14 years of age or older;
- Form I-765, Application for Employment Authorization, regardless of whether you want an Employment Authorization Document (EAD.) The EAD application fee (or a fee-waiver request) is only required by those initial applicants who want an EAD. Applicants under age 14 or over age 65 don’t need Form I-765
- Form I-912, Request for Fee Waiver with supporting documentation
All applications without required fees or a request for a fee waiver are denied.