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Som lal
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Posted on 10-08-15 8:34
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My asylum case is pending seince 1 year . At this situation should I apply for TPS OR NOT?
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bairaghi
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Posted on 10-08-15 8:35
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Som lal
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Posted on 10-08-15 8:54
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Posted on 10-08-15 9:24
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No. Big no. Tps just gives you work permit and travel doc to go outside US. You already has Work permit. I strongly dont recommend to go out of US while case is Pending. Bairaghi why you said yes ?? Can you please explain.
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bairaghi
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Posted on 10-08-15 9:59
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he is not talking about going outside of the country. he is asking abt whether he should apply for TPS or not whose deadline is dec 24 of 2015. here is my reasoning : scenario no 1, when he doesn't apply for TPS. - if his case is approved, its all good. - if his case is denied, he goes to immigration court. different courts on that matter.....many years...then if its approved, its still good. if not, he will be on deportation. - or the immigration judge can deny his case, deny him to send to the court and put on deportation right away. scenario no 2, when he applies for TPS. extra $500 (plus $700, $1300 extra in total) if you hire a lawyer - if your asylum is approved, you lose $500 (or $1300). -if your asylum is denied, you can either choose to go to court or abandon the asylum case (provided your TPS is approved, which will if you dont have any criminal case) and still be be on TPS. - you will never be in fear of deportation. even if it is called TPS and valid till dec 2016, it will definitely be renewed for a couple of times. so atleast it will be valid for 5-7 years. only thing is TPS will not lead to any other statuses while asylum will give you a GC if it gets approved. having said that you can apply for both TPS and asylum at the same time. if you applied for asylum before your visa expired or became out of status (sevis terminated), when you apply for TPS and get approved, you might still be in legal status (you have to check with a lawyer for sure) and can file for GC through employment later. so apply for TPS without EAD (provided you have EAD through asylum). it will be like a backup and safety blanket. its only matter of $1300. bro, don't think, just do it. msg me if you have any questions.
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Posted on 10-09-15 8:40
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Beiraghi , denial in court and deportation is worst case scenario in asylum which has chance of less than 0.1% (if he has criminal case/ he said something stupid in front of judge are very rare things ) .lawyer can pull case to another court for years and save him. Still you sounds good. If i was him i wouldn't waste 1500.
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bairaghi
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Posted on 10-09-15 8:54
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4 years ago and before, asylum case had a high probability of success. Now not so much. Because ICE changed some rules (just research it, it happened ~3 yrs ago) and different political landscape back in Nepal, I would put chance of success <30%. If it was 08-09 and if u applied within a year, it was >90%. If you go to different courts, u will spend many times more. TPS is not something you can apply whenever you want, it has deadline. Ahile 1500 ko lobh garda bhavisyama 15000 ko tension linu parla. Just do it.
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bairaghi
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Posted on 10-09-15 8:58
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It's not 1500, it's around 1350 if you hire a lawyer and 530 if u do urself. If u don't need EAD through TPS, u will save 380 that they charge for EAD. So it's only 970 even if u hire a lawyer.
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Posted on 10-09-15 9:19
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Bairaghi , yeuta kura bro TPS apply garna kaile samma US akko huna parne re.
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bairaghi
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Posted on 10-09-15 9:23
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Som lal
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Posted on 10-09-15 8:27
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Thank you guys . Ani immigration officer Lea or judge Lea Kina TPS file GAREKO banera sodchha hola ki soddai na hola if sodyo bani?
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cityguy
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Posted on 10-10-15 6:08
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Any chance I can apply for tps if I enter after Nov. 2015? Or is there any chance they extend this time?
Last edited: 10-Oct-15 06:21 AM
Last edited: 10-Oct-15 06:26 AM
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Posted on 10-10-15 9:16
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bairaghi
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Posted on 10-10-15 10:00
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U should ask him why not. Tell him it will give u more option not to go to nepal where u were prosecuted.
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