How US Department of Homeland Security (DHS) can designate Nepal for Temporary protected Status:
DHS after consultation with appropriate agencies of the government, may designate Nepal if following criteria is met:
- DHS finds that:
- There has been an earthquake disaster in Nepal resulting in a substantial, but temporary, disruption of living condition in the area affected,
- Nepal is unable, temporarily, to handle adequately the return of Nepali to Nepal, and
- Nepal government has made request such designation Or
The DHS finds that there exist extraordinary and temporary conditions in Nepal that prevents Nepali from returning in Nepal because of safety reasons unless the DHS Finds that permitting the Nepali to remain temporarily in the United States is contrary to the national interest of the United States. See 8 U. S.C.A § 1254a
If Nepal is designated for TPS who is eligible:
- Nepali who has been continuously physically present in the United States since the effective date of the most recent designation of Nepal;
- Nepali has continuously resided in the United States since such date as the DHS may designate;
- Nepali is admissible as an immigrant, and not ineligible for Temporary protected status otherwise (such as relating felony criminal offences, relating to drugs offences and relating to national security grounds), and
- To the extent and manner which DHS establishes, Nepali registers for the temporary protected status during the registration period of not less than 180 days.
What kind of Benefits you will get if TPS is granted?
- You will be permitted to stay in the United States temporarily for the period designated by DHS
- You will you have work authorization,
- May travel abroad with the prior consent of the DHS and
- You can change of status in another visa
- You can do adjustment of status if eligible otherwise for adjustment of status
See 8 U. S.C.A § 1254a
On June 24 2015 Department Homeland Security has designted Nepal for TPS.
TPS designation is effective from June 24 2015 to until December 24, 2016. People will be eligible if he/she is present in the United States since June 24 2015 and has been present in the United States continuously.
If you get TPS you will be able to change your status to another immigration or non immigration status.
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