In light of recent TPS designation for Nepal, now is a good time to point out some important facts about this special status that is granted by the Secretary of Homeland Security.
Specifically, the Secretary of Homeland Security can designate a country for TPS when there is armed conflict persisting in that country or when that country has been devastated by an epidemic or environmental disaster, such as an earthquake or tsunami. Other events can also trigger TPS designations so long as they are associated with conditions that are “extraordinary and temporary,” according to USCIS.
Specifically, those who are typically prohibited from being granted TPS include people who have been:
These include (as of July 2015):
Foreign nationals who have been granted TPS will be able to remain in the U.S. (i.e., they cannot be removed or deported) and will be able to work in the country as long as the TPS designation is in effect.
And this process involves completing and submitting certain forms to USCIS, along with the applicable application fee, within the appropriate deadlines. For more details about how to file for TPS, click here.
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