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USCIS has received 2841 Nepalese applications for TPS

Kishor Panthi, New York: After the Department of Homeland Security has granted the temporary protected status (TPS) to Nepal, there has been more than Two thousand Eight hundred Forty one Nepalese applied to this facility. As per the information provided by the USCIS to the www.nepal24hours.com till last Tuesday there were altogether 2841 Nepalese Applicants. On June 24, 2015, The Department of Homeland Security (DHS) announced the designation of Nepal for TPS, just after that declaration there has been registering application with the USCIS for getting the facility.

Those Nepalese who have entered the US before June 24th and then continue living there are eligible for applying for the TPS. Spokesperson Marilou Cabrera of USCIS told the www.nepal24hours.com that from 24th June to till 4th August from all around the US they have received 2841 applications. USCIS will soon give a decision regarding those applications.

Nepali legal offices and institution are busy on processing TPS client
After Nepal is granted to TPS the work flow of the Nepali legal offices and the institution has been tremendously increased.The Mungoven & Associates, P.C, New York-based immigration law firm, has submitted around 300 applications for TPS to USCIS till last Tuesday, Shree Parajuli director of legal services confirmed it. Similarly, New York’s famous old legal office and regional law firm Chhetry Law have submitted around 350 TPS application to USCIS, lawyer Bashu D. Phulara confirmed it. He told that their office in Manhattan, Queens of Newyork and Texas and California are providing the TPS processing facilities to eligible Nepali. Though there is more pressure at New York office, they have applied 20 cases to USCIS from Texas and more than 1.5 dozen from the California branch office. Similarly, lawyer Ramesh Shrestha of The Shrestha Law Firm has told us that they have processed near about 5 dozen of TPS applications till now. Lawyer Girija Prasad Gautam of Law office of Girija Prasad Gautam told that they have applied for 80 TPS cases. A social right’s organization in New York, Adhikar is assisting those people who are interested to apply for TPS. Activist Narbada Chettri of Adhikar told us that from the month of July they are organizing a program on every Thursday where they assist the applicants by providing necessary information for processing and filling forms.On last Saturday at the office of Adhikar, 150 applicants application were collected by the New York Immigration Coalition, New York Legal Assistant Group, Adhikar, Quini Citizenship Nao, The Legal Aid Society she told us. Chhetri said that to apply for TPS in USCIS, they are supported by arranging recognized legal practitioners and organizations as a free service too.

In order to assist the Nepalese with necessary information for applying TPS and assisting in filling the TPS form Nepali People’s Coordination Committee,the Nepali Diaspora Forum and Federation of Indigenous Peoples of Nepal in America had open the help desk for four weeks at Thakali Kitchen located at the New York Jacson Height. During that period 75 TPS forms were filled and around 500 people made an inquiry regarding the TPS, volunteers Manmohan Ghimre told us. He told us that various professional from various organizations, including lawyer Dilli Bhatta were there at the information desks. NRN-America has also organized the various informative programs in various states in the presence of various professional lawyers. In some places the local social organizations were actively involved in providing the necessary information regarding the TPS whereas in some places even the representative from USCIS were there to explain about it.

Who have applied for TPS?
Most of the people who have applied the TPS includes the one who has been staying in the US after their visa got expired, the student whose student visa status got expired, one who have entered the US illegally through the Mexican border and the detainees currently at American immigration detention centers.

The legal officer Girija Gautam says,” our maximum applicants include the one whose visa have expired, the one whose visa with student status timed out and the illegal immigrants through the Mexican border”. Likewise, lawyer Bashu D. Phulara says, “the maximum applicants, we represents includes the one with overstay status, student visa expired case and the detainees at the immigration detention center”. The director of legal services of Mungoven & Associates, Shree Parajuli told us that they represent those applicants who are in student visa, but are not allowed to work from the college, detainees at immigration detention centers and the students with H1 visa getting pending and those whose visa got expired but hasn’t applied for another immigration status. He even added that a lot of Nepalese approached them to get the suggestion whose asylum application are still pending and wants know whether they could go Nepal with TPS application and advance parole. He told us that they haven’t suggested them to go Nepal with TPS application and advance parole system.

The number of Nepalese getting releases from detention center is increasing.
After applying for TPS Nepalese immigration detainees are getting released remarkably. The immigration detention center has started releasing the one who has applied for TPS and those who are eligible for TPS applications. Shree Parajuli told us that out of 9 application they have submitted to USCIS 6 are already released. Lawyer Bashu Phulara told the Khasokhas Weekly that they have submitted around 1 and half dozen of TPS in the USCIS and 4 were already released and expected that soon other will release too. The immigration detention center’s administration has started to release those detainees to whom it is confirmed to get TPS by the USCIS. There were 111 Nepalese detainees all around the US immigration detention centers till the second week of July. Those who are entering the US after June 24th and got detained won’t be able to release.

It is surprising to know that Nepalese are still in detention centers.
The lawyer Ramesh Shresthat remarked that it is surprising to know that there are still Nepalese inside the detention center who were arrested before 24th June though the US government and Homeland Security has granted TPS facilities to Nepalese. He says, “it is surprising news for me to hear that there are still 111 Nepalese detainees till second week of July though Nepalese is granted for the TPS status on June 24th.” He claimed that though they have applied for TPS or not they should not be kept inside the detention center if they are arrested before 24th June and if they are not involved in any criminal case. He told that from the Krome Services Processing center of Florida, he has released one Nepalese detainees after he advocated the immigration detention officer stating that it was illegal to keep the Nepalese detainees inside the detention center who were arrested before 24 June after the US government has granted TPS to Nepalese. He was released on 30th June and other 9 were also released thereafter. Spokesman of the U.S. Immigration and Customs Enforcement (ICE), Vincent Pickard told the Khasokhas till the second week of July all the detainees were released from Florida detention centers where there are still to be released from other detention centers though they have already applied for TPS.

Mistakes by the USCIS and the applicants:
It has been noticed that several applications have returned by the USCIS due to mistakes made by the applicants while submitting. Spokesperson Marilou Cabrera of USCIS told the Khasokhas Weekly that the applicants have made two sorts of mistakes and that is the reason behind the returning of applications. Those applications, in which he applicants haven’t done signature properly and haven’t submitted the suitable charges for it or request to subsidize the charges for it have been rejected to accept. Correcting such mistakes it can be resent ,Marilou further told. The lawyer Basu Phulara claimed that the USCIS is also committing mistakes regarding the TPS application task. He says, “The USCIS also making mistakes on TPS application. It has been creating the problem with receiving the acceptance, receipt from the USCIS of those not having a middle name as they have included None as the middle name. The problem has been created as the USCIS hasn’t corrected such mistakes. For example the person with the name Ram Thapa has applied for TPS and on getting the acceptance, receipt they mentioned his name as Ram None Thapa. Mr. Phulara told us that there were more than 40 such cases.Likewise, Shree Parajuli of Mungoven & Associates told us that while applying for TPS by those who doesn’t require work permit has been returned by mentioning that the charges hasn’t been included for a work permit. Though there is a clear provision that those who doesn’t need work permit should fill the form but needn’t to pay the charges. There has been a problem created by such mistakes by the USCIS, he commented. He expressed surprise on returning of few such applications, though several others were accepted. Though there are several mistakes by the USCIS and applicants the USCIS has given special facility too. With those TPS applications of including advance parole in such cases 85 Dollar biometric (fingerprint) fee has been waived off, the lawyer Basu Phulara elaborated it.

Published Date: Monday, August 10th, 2015 | 09:13 PM

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