I am on dependent visa unfer my wife who is a student. My country was awarded TPS few months ago. My wife is here since 5 years and she got her tps already. I came here after TPS was started for my country. In this situatuion that i came here after tps was started (has been extended till next month for filing) and my wife has it, can i file for me as well or that my wife has it covers me too? If not then can i apply for me even though i came here after the event that lead to TPS being set for nepal?
Your wife's TPSdoes not cover you. To be eligible for TPS, you must meet the requirements to register. You can find the requirements at https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nepal. If you do not meet the requirements, you are not eligible.
You can not derive TPS from your spouse's TPS.
You must independently submit a separate request for TPS.
To qualify to file your initial TPS application late, USCIS instructs as follows:
During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition
You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal
You were a parolee or had a pending request for re-parole
You are a spouse of an individual who is currently eligible for TPS
Unfortunately from the facts you present it appears that you do not qualify for TPS as you arrived in the U.S. after the TPS cut-off date. Additionally, every applicant must qualify for TPS on their own. You cannot derive TPS from a spouse or parent who holds TPS status. Consult with an experienced immigration attorney to ascertain what options may be available to allow you to lawfully remain in the United States.
