Following the termination of Temporary Protected Status (TPS) for Nepal, a crucial window for a pathway to permanent residency is still open—but only for a very select group of affected individuals.
Immigration Attorney Keshab Seadie of the Law Offices of Keshab Raj Seadie, P.C., emphasized that Nepali nationals who have an approved employment-based petition (Form I-140) and a current priority date must act with extreme urgency to utilize INA Section §245(k).
Attorney Seadie explains that the key question is whether the Nepali citizen can apply for Adjustment of Status (Form I-485), given that they now hold no valid nonimmigrant status since their TPS is effectively terminated. “The answer for a lucky few is a qualified yes, but the eligibility requirements are razor-thin,” states Mr. Seadie. “This path is governed almost entirely by two strict rules: the manner of their last entry into the U.S. and the 180-day grace period under §245(k).”
The primary hurdle for many TPS holders is the requirement that all Adjustment of Status applicants must have been ‘inspected and admitted or paroled’ into the United States. “The Supreme Court has confirmed that simply being granted TPS does not cure an initial unlawful entry,” Mr. Seadie clarifies. “If a Nepali national entered without inspection, they are generally barred from adjustment unless they qualify for the limited §245(i) provision. However, for those who entered legally or who were previously granted advance parole through TPS and used it to re-enter, the next hurdle is the §245(k) provision.”
Section §245(k) acts as a vital “forgiveness” clause exclusively for employment-based petitioners (EB-1, EB-2, EB-3, EB-4, EB-5). This clause waives up to 180 days—just six months—of cumulative unlawful presence and/or unauthorized employment since the last lawful admission.
“Since the TPS designation for Nepal terminated on August 20, 2025, the clock immediately began ticking on the applicant’s time ‘out of status,’ for adjustment purposes,” warns Mr. Seadie. “Even with an automatic extension of the Employment Authorization Document (EAD), the underlying TPS status, which conferred a ‘lawful status’ for adjustment purposes, is gone. Any delay in filing the I-485 now eats into that non-waivable 180-day limit.”
Attorney Seadie strongly advises any former Nepali TPS holder with an approved I-140 and a current priority date to consult with an attorney immediately. “They must gather their travel and entry records to confirm a lawful admission, and they must file their I-485 application before they hit that 181st day of being out of status. For these individuals, §245(k) is their final, rapidly closing chance to secure their green card without leaving the country.”
“Recently, cases are being denied and put into removal proceedings if the person was out of status before TPS, and there are still a lot of nuances,” said Seadie, emphasizing the heightened risk and need for expert legal review.
To clarify further, Attorney Seadie presents a case scenario example: “If a Nepali individual arrived in the U.S. on May 24th with a visitor or other nonimmigrant visa, they could combine the one month of time before TPS and the current five months after its expiry, allowing them to apply for Adjustment of Status before January 20th.”
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
