USCIS has announced several immigration relief measures that may be available to Nepali nationals affected by the recent devastating earthquakes.
On April 25, 2015, a magnitude 7.8 earthquake struck Nepal. This was followed by a 6.7 magnitude aftershock on April 26, 2015 and another 7.3 magnitude earthquake and series of aftershocks on May 12, 2015. More than 8,000 people have been killed and countless more remain missing, injured, and without food and shelter.
While broader relief efforts are in full swing, the U.S. Embassy in Kathmandu, Nepal resumed normal operations on May 13, 2015. Those foreign nationals who had IV/DV appointments scheduled during the week from April 27 to May 1 will be contacted with a new appointment date. Asylum and refugee family inquiries can be addressed to: consktm@state.gov. All other general inquiries can be made by phoning 1-800-0910114 (703-988-3428 if calling from the U.S.).
Stateside, USCIS has also released measures that may assist eligible Nepali nationals during these difficult times, including:
• Accepting a change or extension of nonimmigrant status for an individual currently in the U.S., even if the request is filed after the authorized period of admission has expired;
• A grant of re-parole;
• Expedited processing of advance parole requests;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration for waivers of fees associated with USCIS benefit applications, based on an inability to pay; and
• Assistance replacing lost or damaged immigration or travel documents issued by USCIS, such as Permanent Resident Cards (green cards).
USCIS has also issued a statement regarding the adoption of Nepali children by U.S. citizens and corresponding immigration benefits. In the event that adoption is being considered by a U.S. citizen, it is important to note that an intercountry adoption (or proposed intercountry adoption) does not, of itself, make the child a U.S. citizen or immediately eligible to immigrate to the U.S. A child may immigrate to the United States as a result of an adoption if USCIS is satisfied that the child qualifies as an “orphan” under the immigration laws of the U.S., and that the adoptive parents are capable of providing proper care. The proper authorities in the child’s country of origin must also determine whether the child can be legally adopted under the country’s laws; therefore, the government of Nepal will need to be on board, and they will no doubt want to be completely satisfied that all efforts were made to reunite any child with their parents first. Accordingly, as is the case across the U.S. immigration spectrum, each case will be determined on its merits.
If any Nepali nationals require U.S. immigration assistance, please contact our office.