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