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U.S. Government has started process for Nepal’s TPS designation: Daniel Cosgrove, USCIS

After the devastating earthquake of April 25th either to provide Temporary Protected Status to Nepal or not the homeland security and the State Department has already started its task through USCIS. In an interview with our Guest Editor Mr. Kishor Panthi, Daniel Cosgrove the spokesperson of USCIS said that on the basis of a current situation report prepared by the Department of homeland security and state department will decide whether to grant the TPS by Department of homeland security secretary. Let’s go through the summary of the conversation between Guest editor Panti and the spokesperson of USCIS Mr. Daniel.

What is the latest development on procedure for granting TPS to Nepal after the devastating earthquake of 25th April?

Spokesperson: Department of Homeland Security of American government has already received the application from the Nepal Government regarding TPS. As there is a provision of investigating through the application from the very beginning of getting it, the process has already initiated. There is a mechanism of reviewing the application by the Department of Homeland Security together with the American government’s Department of States.

What action will now be taken by Homeland Security?

Spokesperson: Focusing on the topic of eligibility of Nepal on having TPS facility the research and study will be carried on by The Department of Homeland Security and State Department. It can be deferred. The Department of Homeland Security and State Department will prepare the report relying on the damages of physical structure, economy of the nation, Health condition and other relevant sectors. The Department of Homeland Security secretary will decide about this in an independent way.

Will the Department of Homeland Security and State Department collectively make such a report?

Spokesperson: It is determined by the circumstances. Basically the Department of Homeland Security and State Department coordination will determine the situation and the report is generated. If necessary both the department could go separately for field study in Nepal.

So it will take quite long time to make TPS decision?

Spokesperson: The time it would take can be hardly confirmed and there is no any timeframe fixed for the Department of Homeland Security for TPS procedure. It could be decided within a few months or it may take little longer. There were both cases where the certain country was considered as an eligible TPS facility within a short period of time, whereas it took quite long time for some other countries.

Will it play any role with the petition campaign and the pressure created by the political parties regarding its decision?

Spokesperson: The Department of Homeland Security secretary will have the freedom of making TPS decision, so I couldn’t say that the signing of petition and political pressure could affect it or not. How to listen to these voices that all rely on the secretary of Homeland Security. It has its own legal process.
If Nepalese in United States has a situation that they are unable to return or if the Nepal couldn’t manage the returning of Nepalese then the Department of Homeland Security secretary follows the rules rather than any other created pressure.

In the present context, how much possibility is there for a country like Nepal to get this facility?

Spokesperson: As it is the subject to be decided by the secretary, we are not able to predict so early. Basically the secretary will make decision relying on the situation that whether Nepalese at USA could return to Nepal safely or not, or whether Nepal could manage the returning of Nepalese. If the TPS is approved for Nepal then Nepalese in America or those who doesn’t have a legal document, but came from Nepal could take advantage.

If the TPS is granted to Nepal will those who filed for asylum could apply for it?

Spokesperson: Asylum and TPS are different things. Some people may be eligible for both TPS and Asylum, anyone may be eligible for either TPS or asylum. So it doesn’t affect the asylum while applying for TPS facility.

Published Date: Wednesday, June 3rd, 2015 | 11:41 PM

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