Immigration protections for Nepalese Citizens!

Temporary protected status or “TPS” is a temporary immigration status to the United States, granted to eligible nationals of designated countries. The following countries are currently under TPS: Honduras, Nicaragua, El Salvador, Haiti, Somalia, Syria, Sudan and South Sudan. 

TPS is an immigration status granted to immigrants in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. In the case of Nepal, it received TPS designation resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25, 2015, and the subsequent aftershocks.

As a result, Nepalese nationals residing in the United States may apply for the second time for TPS with USCIS.

The TPS designation for Nepal became effective on the day of the announcement in 2015 and the extension that was approved just a few days ago, October 26, 2016, will be in effect through December 27, 2016. The registration period ends on December 27, 2016. 

Last month, the Obama Administration announced the extension that allows TPS beneficiaries to retain TPS through June 28, 2018, so long as they continue to meet the eligibility requirements for TPS. The redesignation of Nepal allows additional individuals who have been continuously residing in the United States since June 24, 2015 to obtain TPS, if otherwise eligible. The government has determined that an extension of the current designation and a redesignation of Nepal for TPS are warranted because of the ongoing problems in the aftermath of the earthquake.

During the period for which Nepal has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status or “green card” holder status. When the United States terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS unless that status had since expired or been terminated or to any other status they may have acquired while registered for TPS.

It is really important to understand that TPS is not granted to persons that try to register after the first registration period ends, so if a person of a country that is currently under TPS did not register the first time TPS was assigned, then that person does not qualify for TPS. However, a person may be eligible to file late. For this reason, it is really important you call us to talk to a lawyer about your case. 

Timeframe for the extension:

TPS Extension Re-Registration Deadline: December 27, 2016

TPS Expiration Date: June 24, 2018

Employment Authorization Cards (EADs) Auto-extended through: June 24, 2017

TPS Designation Date: June 24, 2015

You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about TPS. Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with a TPS application or potential application. Each case is fact-specific and therefore similar cases may have different outcomes. 

I represent individuals in immigration cases. If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at The Law Office of Jose Perez is located at 120 East Washington Street, Suite 925, Syracuse, New York 13202. Now with offices in Buffalo and Rochester!!! Please look for my next article in the December edition.




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