Who may be eligible for TPS?
1. I am a student with F-1 status. Can I qualify for TPS?
Yes, you may qualify for TPS, work authorization and travel document/advance parole. A travel document allows you to travel outside the United States not exceeding ninety (90) days within a specified period or for any periods in the aggregate exceeding one hundred eighty (180) days.
2. Can I revert back to my F-1 status after eighteen (18) months?
Yes, you can. TPS is only a benefit, subject to inadmissibility laws, for otherwise deportable nonimmigrants. You may take advantage of the TPS in re-applying for F-1, H-1 or other benefit requests that have expired within the period of time TPS is designated to your country. Upon extension of TPS, you can continuously enjoy the benefits accorded to TPS designees.
3. I am on H-1 visa. Can I qualify for TPS?
Yes, you may. You do not have to maintain your H-1 status to be eligible for TPS. While on TPS, you can find an employer who can directly file for lawful permanent resident (“LPR”) without your H-1. You may also adjust into another status if deemed qualified.
4. Can I revert back to my H-1 after the expiration of TPS?
Yes. Upon the expiration or termination of a TPS designation, beneficiaries revert to the same immigration status maintained before TPS (unless that status had since expired or been terminated) or to any other status acquired while registered for TPS.
5. I have a pending asylum application before the court/USCIS. Can I get TPS and travel outside the United States?
Yes, you may with proper travel document/advance parole. However, TPS applicant may miss important USCIS notices, such as Requests for Additional Evidence, while outside the United States. Consequently, failure to respond to these requests and make required appearances may result in the denial of such application. Travel for vacation is not a valid purpose. In addition, if you travel back to the country where you feared persecution, your asylum status may be terminated if the U.S. Government determines that you have voluntarily availed yourself of the protection of your country of nationality or, if stateless, country of last habitual residence.
6. I have a valid tourist visa or my visa just expired. Can I apply for TPS?
Yes, you can upon meeting the eligibility criteria and required documents. This includes Nepalese or any alien who does not have a nationality of the designated country but have habitually resided there. For example, some Tibetans or Bhutanese who lived in Nepal and have no other countries to return to may be eligible for TPS.
7. I received withholding of removal. Can I qualify for TPS?
Yes, you may. However, you may not be able to travel because you already have a final order of removal entered against you, which means that you will not be allowed to reenter the United States if you leave. Still, it may be possible to apply for advance parole under emergency situations.
8. What happens to my withholding of removal after TPS expires?
Upon the expiration or termination of a TPS designation, you will revert to the same immigration status you maintained before TPS (unless that status had since expired or been terminated) or to any other status you may have acquired while registered for TPS. You may adjust to LPR status if you meet the eligibility requirements. However, if you enter in the United States without proper inspection, it would bar you from adjusting your status to LPR. But in some jurisdictions, TPS can exempt you from the proper “inspection and admission” requirement. (Consult with an attorney for the best recourse).
9. How much government fees should I pay?
TPS ($50), together with work authorization ($380), could cost a total of $515. Travel document or advance parole could cost $360.
10. Can TPS be extended after eighteen (18) months?
Yes, depending on the agreement between your government and the United States. DHS has periodically extended this status for other countries contingent upon their request and circumstances.
11. I came through the border without a visa or permit. Can I get work authorization and travel document? Can I be released from the detention center?
Yes, you may be eligible for TPS benefits such as work permit and travel document/advance parole. Under TPS, you may be released from the detention center while your other applications, including asylum and withholding of removal, are pending.
12. When can I file for TPS?
TPS filing date for Nepal started on June 24, 2015. Your application shall be sent to the USCIS on or before December 21, 2015.
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