Unlawfully Entered TPS holder can Apply for Green Card

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Headline is clear.

If you cross the US border illegally and got TPS while staying here, and after you get Advance Parole, you go back to Nepal and if you come back you will be consider last ENTERED THE US LAWFULLY . So you can apply for Green Card once you find sponsorships.

Thats a great news.

Hanuman1

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sponsor kaha bata khojne

Bennedict

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I am wondering why is it not covering people who came legally here but became out of status, and then received TPS later on. Why is it only targeting people who came here illegally from border? This is setting such a bad precedent!

I always thought that the last entry will be considered while adjusting the status when you are in TPS and this can kind of "erase" the out of the status stay in the past (if any), but then Mangale said it is not possible at all, until you live in certain 6th circuit states. Wish Mangale was here.

Hanuman1

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that’s new rule but still you must maintain status to get greencard from job sponsorship.this is only good for marriage based

Loganbennedictboka76

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Benn G buda Yo niyam sabailai lagoo huncha Not only undocumented. Nepal gayera aako chas … jadoo
Mantarr gardiyo Ki kya ho yeslai. Tetti ni bujhdainas. I am wondering po bhancha .

Sql_server

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From USCIS policy alert:

USCIS is updating its guidance to clarify that TPS beneficiaries who travel abroad temporarily, with the prior consent of the U.S. Department of Homeland Security (DHS), and who return in accordance with that prior authorization, may be inspected and admitted into TPS upon return, with certain exceptions. TPS beneficiaries whom DHS has inspected and admitted into TPS after such authorized travel are “inspected and admitted” for purposes of adjustment of status under INA 245(a) and INA 245(k). This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.

So this applies to everyone regardless of past lawful entry. You just gotta find the sponsor. Good luck!

Bennedict

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If that is the case then this is certainly a great news! This will very much help the people who are trying to adjust status in TPS but are not able to do so because of their past 'out of status' stays.

Ya, found the link too. https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220701-TPSAndAOS.pdf

Loganbennedictboka76

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Hanuman le galat bujhhechha.

Last edited: 09-Jul-22 05:55 PM

Loganbennedictboka76

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Bennedict pani khusi bhayecha yo news sunera.

Divine-gal

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So TPS holders can apply for Greencard if they have sponsor? I didn't quite get it .I understood the illegal status being legal after re-entry. So when it will be finally announced ?

sabir

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What about who enter first time legally ? Little confused?
ANY IDEAS?

Bennedict

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Guys,

Hanuman is correct over here. So do not get your hopes too high already.

Traveling to Nepal and re-entering USA on Advance Parole as a TPS holder allows that particular person to adjust the status in USA itself, in two cases only,

# when he or she marries a US citizen and

# if his or her US citizen child over 21 petitions on his or her behalf.

So meaning to say that this policy is only helping people with family based petitions that they can adjust status here itself. This is specifically catering those people who had crossed the border illegally and were never inspected while entering but now have gotten TPS.

For sure, people who came legally and were inspected but fell out of status can always adjust their statuses easily inside the country through immediate family category.

And the advance parole entry does not help "erase" any past 'illegal status' if he or she is under an Employer based petition and withholding TPS status currently.

I tried studying that policy alert myself, but could not completely understand everything. This part of information I am sharing here after having a chat with my lawyer.

Last edited: 11-Jul-22 01:32 PM

Loganbennedictboka76

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Bennedict pani yestai yestai situation ma jasto cha . 15 barsa pachi nepal gara aako bhancha ?? Katti year out of status thiyees bennedict

tps8249

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I hope everyone who is struggling gets their GC.

Sql_server

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Benedict, I think you ought to look at INA 245(k). INA 245(k) states that —

(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days-
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.

Now this means since the TPS travel would be considered as an ‘admission’ not ‘parole’ and if the applicant does not violate the terms of *this* admission they are eligible for AOS via EB.

Bennedict

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Sql_server,

INA Section 245(k) has always been used even before this TPS thing started, to forgive the brief status violation, right?

As of now, I am just curious to know if after the TPS travel and legal "admission", are those illegal stays prior to TPS dissolved completely then? Especially for people whose EB petition is already running before the issuance of this policy alert.

I appreciate your sharing of knowledge though. I may know lesser than you and may be asking same thing again and again, but please bear with me.

Last edited: 12-Jul-22 11:31 AM

Sql_server

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I feel this new policy alert may work for people who start the EB petition after they come back, but not for people whose EB petition is already running prior to TPS and who have had 'unlawful presence' in their past. — see policy highlights

From the policy alert — “Provides that USCIS may deem past travel under advance parole to have been an admission into TPS in certain cases.” This means it’s case by case basis. Best bet is to re-enter again on an AP.

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