TPS Ma Greencard

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Hi all i have undergrad from US in management. Currently i am in TPS . Can consultancy can sponser or file for green card on undergrad category even i am on TPS. I dont have any status beside TPS . I worked for this consultancy for one year and didnot get selected for h1b. How can i ask them about sponser and what is the process and time frame. Please suggest if you have any knowledge if you guys knw any consultancy which can sponser greencard for us undergrad please suggest.

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bairaghi

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If u were in status when u got TPS, u can get sponsored. If u were out of status when u applied for TPS, then u r out of luck.

teroobaau

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I think uscis has clearly mentioned if you entered legally in us and are in tos, you csn doAOS so biraghi us wr0ng

bairaghi

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Can u provide the link or quote where uscis says so, so that we r not misleading people ?

mangale

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teroobau
If you are out of status you can't do AOS. You have to leave the US and complete the 3 yrs or 10 yrs bar then you could be eligible.

makur0

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@mangale what if you were in status up until your TPS was approved and then couldn't maintain that status after that. Still can do adjustment of status during GC?

teroobaau

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Mangale , please read following

A TPS recipient who is otherwise eligible may be granted adjustment of status. One requirement for adjustment under INA § 245(a) is that the individual have been “inspected and admitted or paroled” into the United States. Both USCIS and EOIR, in non-precedent decisions, have found that a TPS recipient who never made an authorized entry into the United States is not eligible for adjustment of status. The Eleventh Circuit agrees. However, the Sixth Circuit has held that, under the plain language of the TPS statute, a grant of TPS constitutes an admission for purposes of adjustment of status under INA § 245(a). Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013). The American Immigration Council, with the Northwest Immigrant Rights Project, argues in amicus curiae briefs that other courts should follow the lead of the Sixth Circuit and find that a grant of TPS is an admission for purposes of adjustment of status.

teroobaau

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I might be wrong but that is what i see ....

furke

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teroobaau is 100% right.

bairaghi

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@terobau what u r quoting is for AOS while a TPS recipient is marrying a citizen. Even if he has entered outside of POE with out checking, he wont have to go back to his country if he marries a US citizen, which is usually the case for most mexicans. Read it carefully, thats what i understood.

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