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 TPS to AOS
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AOS TPS GC Eb3
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Posted on 11-11-19 1:55 PM     Reply [Subscribe]
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Namastey,

TPS bata GC adjust garna milxa. Ek jana nepali lawyer ko anusar 6th and 9th circuit court ko jurisdiction vayeko states ma matra garna milxa re jasma 13 states matra parxa. Baaki ko states haru ma basne maanche haru chai ko k hunxa? Please clarify. Dhanyabaad
 
Posted on 11-11-19 2:00 PM     [Snapshot: 10]     Reply [Subscribe]
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TPS does not provide beneficiaries with a separate path to lawful permanent residence (a green card) or citizenship. However, a TPS recipient who otherwise is eligible for permanent residence may apply for that status.

Generally, a person who entered the United States without inspection is not eligible to apply for permanent residence. As of May 2019, three federal appellate circuits had ruled on this issue:

Two federal appellate circuits (the Ninth and Sixth Circuits) ruled that a person with valid TPS status could adjust status to lawful permanent residence if otherwise eligible through a family-based or employment-based petition, even if he or she entered the United States without inspection.
The Eleventh Circuit ruled that a TPS recipient who entered without inspection is not eligible to adjust to permanent residence.
DHS’ position, applicable in all other circuits, is that a TPS holder is not eligible to adjust status within the United States. In order to gain permanent resident status, a TPS recipient must instead depart the country to have a visa processed at a consular post. For many TPS holders who originally entered the United States without inspection, a departure to have a visa interview would trigger bars to re-entry for up to 10 years.

Alternatively, some TPS recipients may be eligible to adjust status if they were granted advance permission from USCIS (referred to as advance parole), traveled abroad and were paroled back into the United States.
 
Posted on 11-11-19 2:00 PM     [Snapshot: 13]     Reply [Subscribe]
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just my 2 cents.

If you have not been out of status before TPS was granted, then it is a smooth process. We just did it last week. But if you were out of status during the time TPS was granted it might be tricky, because the form ask for "have you ever been out of status", and that might trigger the officer. We did it outside of 6 and 9 jurisdiction, btw.
 
Posted on 11-11-19 2:06 PM     [Snapshot: 20]     Reply [Subscribe]
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@equate, i have read the post about 9th and 6th circuit court too. I came here legally as a student and now my employer is willing to sponsor me for a GC. The rule seems to only apply on the states were the 6th and 9th circuit courts reside. What about people who are outside of the jurisdiction of these courts? Can they adjust their status from TPS to GC within the US?

@Nepali786, which state do you currently reside if you don't mind me asking?

Thank you for your help

 
Posted on 11-11-19 2:12 PM     [Snapshot: 32]     Reply [Subscribe]
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Posted on 11-11-19 2:13 PM     [Snapshot: 30]     Reply [Subscribe]
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For further clarification,

I have never been out of status. I am in my OPT extension which is set to expire on May. I was thinking of remaining as TPS and using my TPS EAD till my GC is processing. Thank you.
 
Posted on 11-11-19 2:16 PM     [Snapshot: 42]     Reply [Subscribe]
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It should be fine from our experience then. My wife was on F1 opt until june 2017. She had TPS from the beginning and after opt expired just worked on TPS. She filed as a beneficiary on my petition. 
Last edited: 11-Nov-19 02:18 PM

 
Posted on 11-11-19 2:29 PM     [Snapshot: 64]     Reply [Subscribe]
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If you live outside of 6th and 9th circuit ( KENTUCKY, MICHIGAN, OHIO, TENNESSEE, ALASKA, ARIZONA, CALIFORNIA, HAWAII, IDAHO, MONTANA, NEVADA, OREGON, WASHINGTON) you should go back to home country for the counselor process. I would suggest apply for andvaced parole as well before going back to Nepal for counselor processing.
 
Posted on 11-11-19 4:21 PM     [Snapshot: 157]     Reply [Subscribe]
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If you were never out of status before TPS it should be fine adjusting status, people who were out of status were even granted greencard after traveling with Advance Parole on some states.
 


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