TPS- "Filing Late" Currently on OPT
I didn't apply for TPS last year. USCIS last year extended the OPT EAD for up to 36 months in total for STEM program. I didn't apply for TPS last year because my OPT EAD was valid until 2017. There are "Filing Late" provisions for Nepal TPS stated in the USCIS site. Below are the criteria that make me eligible for late filing. I am looking for more information.
1) At least one initial filing criteria- Can anyone provide or confirm that I qualify for the below criteria of a nonimmigrant visa? This is the closest that I can relate to my case.
-You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
2) Continuos residence since June 24, 2015- I meet this criteria.
My employer has already started my GC process as well. If I am eligible for late filing criteria, can I only file for TPS now and then when my OPT EAD expires next year, then file for TPS EAD next year ? Any information and advice is highly appreciated. Thank You.
We have seen a lot of questions.. How would voluntary departure status apply to you? Voluntary departure is going back on your own when you have a removal order.
The best reasons I can see from the list is change or adjustment of status. Again I am opening up the discussion for all of us, as I too have close friend who would like to apply for TPS now who did not apply initially but were eligible.
Reference:
http://immigration.findlaw.com/deportation-removal/forms-of-relief-from-removal.html
Voluntary Departure :
Voluntary Departure is often viewed as a relief of last resort. It allows an alien to leave the U.S. without a stigmatizing formal removal order. An alien allowed to voluntarily depart admits removability, but does not have a bar to seeking admission at a port-of-entry at any time. If an alien fails to depart within the time granted, they will receive a fine and a 10-year bar to several forms of relief from deportation.
@manjilmagar Thank You for your prompt feedback. Below are the follwing criteria for #1.
I) You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
II) 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
III) You were a parolee or had a pending request for re-parole
IV) You are a spouse of an individual who is currently eligible for TPS
My understanding was that for criteria I) its ) You were a nonimmigrant or were granted voluntary departure status, or any relief from removal. My assumption was based on "or" for each these. I don't think it is II) for application for change of status (since I was in a continuous OPT status), no AOS. Voluntary Departure is listed on II) as well. III and IV) certainly doesn't apply in my case. It could be I) or II). I have consulted several lawyers and they have stated that I am eligible for late filing from their brief discussion but we haven't discussed to a point to define my actual late filing criteria. Hope discussions in Sajha will provide more information for late filings. Appreciate it.
If you have evidence of continuous residence from before 24th June 2015, then you are highly likely to obtain TPS. The website mentions that it may take sometime though and there might be a gap. In your situation, I would go for TPS application but you also state that your employer has applied for GC for you - this situation is a game changer but just applying for TPS won't hurt.
Thanks,
I've not been able to find employment with a company willing to sponsor green cards ); can someone explain how you did it?
Bikram ,
I am in the same boat as you are. I did not apply TPS for the first time since I was in (H1B) But realized that It wont hurt applying for TPS. So , I have applied it this time . I have not gotten any response from them yet though.
@ganesh123. TPS already got approved 10 days ago. Good luck for your case.
@Bikram_Gurung
Did you submit any additional documents explaining the why late initial registration? If yes what reason did u gave.
Thanks
@ganesh_123 All necessary documents and previous OPT documents including a cover letter why I should be eligible for the Late TPS filing.
Can you help me what will be the good reason for it ?
@ganesh_123 My case was that my OPT validity last year was beyond the validity of previous Nepal TPS duration and hence there was no need for me to apply TPS last year. Perhaps, if you have similar case in H1B, you could state that because of H1B work authorization, you didn't applied Nepal TPS last year. Hope this helps.
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