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 TPS expiration
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Posted on 04-15-25 5:57 PM     Reply [Subscribe]
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If you’ve assessed all possible immigration pathways—family-based, employment-based, humanitarian, asylum—and none apply or are feasible, it can feel overwhelming. But you still have a few critical choices and rights to understand. Here’s what happens and what you can do, even when options seem limited.

⚖️ What Happens If TPS Expires and No Other Option Exists?
If TPS ends and you:

Are not in another valid status,

Don't qualify for adjustment, asylum, or any waiver,

Don’t have a petition pending,

Then you revert to being “removable” (subject to deportation). However, removal doesn’t happen instantly, and you are still entitled to due process.

🧩 Realistic Paths Even Without Clear Status
1. You’re Not Automatically Deported
ICE usually does not prioritize low-risk TPS holders unless involved in criminal activity.

If placed in removal proceedings, you still go before an immigration judge who can assess any forms of relief you may qualify for—even those you didn’t think of.

2. Stay Prepared with a Legal Strategy
Even if there’s no path today, that could change due to:

New legislation or TPS redesignation

Changes in case law or executive orders

Family status changes (e.g., you marry a USC or your child turns 21)

Keep these documents updated:

Passport and national ID

Records of entry, visas, I-94

Work history, tax records, school certificates

Character references

These are useful if relief opens up later, or if you're applying for cancellation of removal.

3. Cancellation of Removal (10-Year Rule)
If you're placed in removal proceedings, you might apply for:

Cancellation of removal for non-LPRs under INA 240A(b), IF:

You’ve been physically present in the U.S. for at least 10 years,

Have good moral character,

Can prove exceptional and extremely unusual hardship to a U.S. citizen/LPR spouse, parent, or child.

This is hard to win, but some Nepali TPS holders have received green cards this way through strong hardship claims.

4. Voluntary Departure (If Absolutely No Relief)
If no defense works and you're ordered removed, you can sometimes request:

Voluntary Departure, which:

Avoids a formal deportation record,

May allow you to reapply in the future with a clean slate,

Lets you leave on your own terms within a timeframe.

Still has consequences—but better than being physically deported.

📢 Final Note: You Still Have Rights
Even undocumented, you still:

Have the right to an immigration hearing

Can apply for relief before a judge

Can seek legal representation

Cannot be forcibly removed without due process

🙏 Emotional and Practical Tips
Stay informed, not frozen—immigration law shifts fast.

Stay connected to immigration nonprofits, community centers, or legal aid groups.

Consider creating an emergency plan (power of attorney, child care instructions, trusted contacts).

Keep digital and physical records of your time in the U.S.
 
Posted on 04-15-25 5:59 PM     [Snapshot: 2]     Reply [Subscribe]
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If TPS is not renewed for Nepal in the future, your legal situation could change significantly. Here’s what happens, what risks you might face, and how you can prepare now in case that happens.

🚨 What Happens If TPS Expires and Is Not Renewed?
📅 You Lose the Benefits of TPS:
Once TPS ends and you don’t have another legal status, you lose:

Protection from removal (deportation)

Your Employment Authorization Document (EAD)

Your eligibility for Advance Parole travel

In the eyes of U.S. immigration law, you would then be considered "out of status" (unlawfully present), even if you previously had legal TPS status for years.

⚠️ Key Risks After TPS Ends
1. Unlawful Presence Accrues
Once TPS ends, each day counts as unlawful presence unless you hold another valid status.

If you accrue more than 180 days of unlawful presence and then leave the U.S., you may face a 3-year reentry bar.

If you accrue over 1 year, leaving the U.S. can trigger a 10-year bar.

❗ These bars only apply if you leave the U.S. — they don’t kick in just by staying here unlawfully.

2. You Could Be Placed in Removal Proceedings
If you remain in the U.S. without lawful status after TPS ends, ICE could issue a Notice to Appear (NTA) and place you in immigration court. This doesn’t always happen right away, but it becomes a risk.

🧩 What Can You Do If TPS Ends?
Let’s look at your specific case:

🟢 You entered legally (on F-1)
🟡 You're not eligible for a green card through your child yet (they’re under 21)
🔴 You’d be without legal status if TPS ends

So what are your best options?

🛡️ 1. Apply for a Different Legal Status (If Eligible)
➤ F-1 Student Visa (again)
If you want to study again, you could:

Apply to a U.S. school

Get a new I-20

File a Change of Status (Form I-539) while still on TPS

Pros: Keeps you in legal status
Cons: You must be accepted and able to afford tuition

➤ Nonimmigrant Work Visa (H-1B, O-1, etc.)
If an employer is willing to sponsor you, and you qualify for a skilled visa, you can:

Apply for a Change of Status

Or consular process for a work visa abroad (carefully)

This is difficult but possible depending on your field, degree, and employer support.

➤ Asylum (if eligible)
If you fear persecution in Nepal for:

Political opinion

Religion

Ethnicity

Social group membership

…you could file for asylum. You must apply within 1 year of losing TPS, or show changed circumstances.

📝 2. Document Everything Now
Save proof of your legal entry (F-1 visa, I-94)

Keep every TPS approval notice

Collect all evidence of ties to the U.S., such as:

Family (especially your U.S. citizen child)

Community involvement

Taxes filed

Work history

This will help if you later file for:

Cancellation of removal (in immigration court)

Humanitarian waivers

Adjustment of status (once child turns 21)

🧭 3. Prepare for Green Card in X Years
If you lose TPS and don’t qualify for another status, your goal is to stay under the radar, avoid immigration violations, and be ready to adjust once your child turns 21.

Since you entered lawfully, you can still apply for a green card inside the U.S. in X years, even without TPS, as long as you're not removed or barred by other issues.

👩‍⚖️ Final Advice
Now is the time to consult an experienced immigration attorney. They can assess:

Whether you qualify for another visa or protection

How to stay legally in the U.S.

What risks you personally face

You can find free or low-cost legal help here:
🔗 https://www.justice.gov/eoir/find-legal-representation
Last edited: 15-Apr-25 06:00 PM

 


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