4/27/2018 The Us Department of Homeland Security (DHS) has announced that Temporary Protected Status (TPS) for Nepal will be ending on June 24, 2019.
According to the DHS "The decision to terminate TPS for Nepal was made after a review of the environmental disaster-related conditions upon which the country’s original designation was based and an assessment of whether those originating conditions continue to exist as required by statute. Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the disruption of living conditions in Nepal from the April 2015 earthquake and subsequent aftershocks that served as the basis for its TPS designation have decreased to a degree that they should no longer be regarded as substantial, and Nepal can now adequately manage the return of its nationals."
I visited Nepal in November 2015 and the earthquake devastation was horrific. It is impossible to believe that conditions are anywhere close to normal now.
Nepal is the fifth country whose citizens have lost Temporary Protected Status since President Trump took office, meaning about 250,000 immigrants have been told they must leave the country next year, seek an alternative immigration status, or face deportation.
The humanitarian program has given refuge to about 9,000 people from Nepal since June 2015. A devastating 7.8 magnitude earthquake near the country’s capital killed thousands and triggered a deadly avalanche on Mount Everest.
The original TPS grant was the subject of this blog post.
On June 24, 2015, the US Department of Homeland Security announced that Nepal had been designated for Temporary Protected Status (TPS). The TPS lasts for 18 months and is based on the conditions resulting from the devastating earthquake that struck Nepal on April 25, 2015. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notice published today provides details and procedures for applying for TPS.
The TPS designation for Nepal is effective from June 24, 2015 until December 24, 2016. The designation means that, during the designated period, eligible nationals of Nepal (and people without nationality who last habitually resided in Nepal) will not be removed from the United States and may receive an Employment Authorization Document (EAD). The 180-day TPS registration period begins June 24, 2015 and runs through December 21, 2015.
To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been both “continuously physically present” and “continuously residing” in the United States since June 24, 2015. Applicants also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS. The eligibility requirements are fully described on the TPS web page at www.uscis.gov/tps.
Applicants may request that USCIS waive any or all TPS-related fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject any TPS application that does not include the required filing fee or a properly documented fee-waiver request. All USCIS forms are free. Applicants can download these forms from the USCIS website at www.uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.
Photo by https://www.flickr.com/photos/dhilung/
Elaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country.