This week, the Department of Homeland Security announced that starting June 25, 2015, Nepal has been designated for Temporary Protected Status (TPS) for 18 months. Below are some frequently asked questions about what TPS means, and the eligibility criteria for TPS.
Why has the DHS designated Nepal for TPS (Temporary Status Designation)?
As you may have heard, Nepal suffered from a devastating magnitude 7.8 earthquake on April 25, 2015, with subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS.
How long is TPS designation for Nepal effective for?
The TPS designation for Nepal is effective from June 24, 2015, and will be in effect through December 24, 2016.
What does TPS designation mean?
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). If you have any questions as to what TPS designation means, contact a Miami immigration lawyer to discuss your options.
When is the registration period for TPS?
The 180-day TPS registration period begins June 24, 2015 and runs through December 21, 2015.
Am I eligible for TPS?
To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including, but not limited to:
- Be a national of a country designated for TPS (in this case, Nepal), or a person without nationality who last habitually resided in the designated country
- File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation
- Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
- Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS Web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States.
If you have any further questions as to eligibility for TPS, it may be in your best interests to speak with a Miami immigration lawyer.
Who is not eligible for TPS?
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.
Again, if you have any questions as to the above, you may want to speak with a Miami immigration lawyer to discuss your options.
If you would like more information on Temporary Protected Status (TPS), please contact Miami immigration lawyer Michael G. Murray, Esq. at (305) 895-2500 or visit our website at www.mmurraylaw.com.