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 TPS EAD RFE
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Posted on 12-13-19 2:19 PM     Reply [Subscribe]
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Namaste Sajha Saathi haru, I need a small help regarding TPS RFE. I am trying to help one of my friend regarding Late TPS Filling Case Scenario: Didn't Applied TPS in first and second Time in 2015 & 2016 as the person has valid OPT which allows him to Work. Currently, he applied for TPS late registration in 2019 as one of his EAD with Post OPT STEM Extension is about to Expire. Case Submitted to USCIS: June 2019 RFE issued: December 2019. I have posted an image, if anyone can let me know what exact piece of document that need to be submitted that would be a great help.

Doc Submitted in June 2019:
  1. Two Passport Size Photos
  2.  Check for $545 (for I-821, I-765, and biometrics)
  3.  Form G-1145
  1. Form I-821, Application for Temporary Protected Status
  2. Form I-765, Application for Employment Authorization
  3. Good Cause for Filling Late Application for TPS
  4. Copy of OPT case with EAD card.
  5. Copy of Form I-94, Arrival-Departure Record
  6. Photocopy of Identity Page of (Country) Passport (New well as Old)
  7. Paystub from Current Employer.
Any Help Regarding this would be great.

 
Posted on 12-13-19 6:28 PM     [Snapshot: 104]     Reply [Subscribe]
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The Law

In accordance with 8 C.F.R. § 244.17(a), an applicant must have been granted TPS prior to a subsequent re-registration for TPS benefits. The re-registration period is limited to individuals who have previously registered for TPS and whose applications have been granted, or those who did not file during the initial registration period and meet any of the late initial registration criteria described in 8 C.F.R. § 244.2(f)(2), (g), in addition to the other TPS eligibility requirements.
However, at the time of the Applicant's filing for TPS re-registration, he had never been granted TPS.

'good cause " for failing to re-register on time, "good cause" is NOT FOR FILING LATE FIRST TIME TPS APPLICANT.

Doc Submitted in June 2019:
  1. Two Passport Size Photos
  2.  Check for $545 (for I-821, I-765, and biometrics)
  3.  Form G-1145
  1. Form I-821, Application for Temporary Protected Status
  2. Form I-765, Application for Employment Authorization
  3. Good Cause for Filling Late Application for TPS

  4. Copy of OPT case with EAD card.
  5. Copy of Form I-94, Arrival-Departure Record
  6. Photocopy of Identity Page of (Country) Passport (New well as Old)
  7. Paystub from Current Employer.


 
Posted on 12-13-19 6:39 PM     [Snapshot: 111]     Reply [Subscribe]
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Need some suggestions. I received AP today based on tps. But on AP document, it says based on pending adjustment of status application. Is it ok if I travel with this AP?
 
Posted on 12-13-19 6:49 PM     [Snapshot: 118]     Reply [Subscribe]
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@sajha_sadasya
Have you applied Adjustment of status I-485 based on Tps or through any other status? If you have not applied AOS then it is clearly an error by USCIS and it will not be safe for you to travel. As per USCIS, if you think there is any mistake on your approved petition then you immediately need to let them know and file for correction.

Hope this helps!
Last edited: 13-Dec-19 06:49 PM

 
Posted on 12-13-19 7:01 PM     [Snapshot: 137]     Reply [Subscribe]
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Never applied for adjustment of status based on tps. Only the legal status i hold is tps.
 
Posted on 12-14-19 8:57 AM     [Snapshot: 295]     Reply [Subscribe]
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The screenshot you have posted is not complete so based on what you have posted it is not known what USCIS wants you to send. There are folks who were able to get their Late Initial Registration approved, so do not be discouraged by other posters here.

Usually, for folks filing Late Initial Registration, in my limited experience, RFE's tend to be about documents establishing that they were present in the united states preceding June 24, 2015. If that applies to you, documents to address such request might be your credit card/ debit card statement showing financial transaction, W2's, School Records, lease, utility bill, official transaction (application for DL, licenses, insurance etc) before June 24, 2015 and continued presence after that. You would be better off sending as much corroborating documents in support of your residency as possible. If you have been filing taxes, send IRS Tax Transkript for all years also.
If you have any criminal record, even if minor, do send disposition record.

Good Luck


 
Posted on 12-14-19 1:40 PM     [Snapshot: 354]     Reply [Subscribe]
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@gandharba,

Remember to read Federal Register Notice every time when they renew TPS for NEPAL.

06/24/2015 Federal Register Notice - First Time TPS Application Register June 24, 2015, to December 21, 2015

10/26/2016 Federal Register Notice - Register (if you miss the first time) or Re-register Oct 26,2016- Dec27, 2016

05/22/2018 Federal Register Notice- Re-Register only . May, 22 to July23,18 Termination TPS date June 24, 2019

05/10/2019 Federal Register Notice - if you have previous TPS, EAD approved then valid till March 24, 2020

11/04/2019 Federal Register Notice-

TPS for current beneficiaries under the designation for Nepal will continue, provided that they properly re-registered for TPS during at least one of the following registration periods for their country. If you have not re-registered during at least one of the following registration periods, you should file now and explain your reasons for filing late.

May 22, 2018-July 23, 2018

or

Oct. 26, 2016-Dec. 27, 2016


Good luck.








 
Posted on 12-14-19 1:49 PM     [Snapshot: 357]     Reply [Subscribe]
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@ Sexi in Sari

Brother thank you for ur feedback but if you look in USCIS websites as long as TPS is valid anyone can apply till date as long as they have a good reason or good cause of applying late. It applies to all countries not only NEPAL. Some ppl might have pending asylum case, someone might have different case scenarios where they don't need TPS at that time as they already have work authorization EAD card. Everyone has a different case scenario.

Below two links would be helpful for anyone who wants to start.

https://www.uscis.gov/humanitarian/temporary-protected-status#Filing%20Late

https://www.uscis.gov/archive/guidance-tps-beneficiaries-filing-late-re-registration-applications

@ Gandharba,

Yes, I have seen in recent years someone case get approved which encourages me to apply that's why I thought of applying.

I think the RFE which I got has two parts of documents that I need to submit.

1. I have to send a document establishing that I was in status throughout my stay in the USA.
Which I believe is the screenshot that I posted above.
2. In the second or third Paragraph of RFE, it has asked me to submit the documents of my continues stay in the USA from 2015.

I am considering sending the Car Insurance bill that I paid throughout the year.

I was more concerned about the first Part in which I have to establish I was in valid immigration status and was granted voluntary departure or relief. So that confuses me. As I have submitted my documents which clearly shows I was in valid immigration status. I have posted a link below if you still have doubt or confusion please check that out.

@ Gandharba do let me know if you have any suggestion on how to respond RFE besides sending all the I-20's, OPT card & OPT EXT photocopy and Letter in Reference to that.

@ Sajha_sadasya : I have no idea or a good grasp of Knowledge about AP otherwise I would have thrown my insight in this post. Anyways good luck.


 
Posted on 12-15-19 12:50 AM     [Snapshot: 482]     Reply [Subscribe]
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I am considering sending the Car Insurance bill that I paid throughout the year.
---try to send additional corroborating evidence as this will most probably be your only chance to satisfy the officer regarding your residence

I was more concerned about the first Part in which I have to establish I was in valid immigration status and was granted voluntary departure or relief. So that confuses me

---I do not understand what you are referring to , I do not see the entire letter. All I see is the generic criteria listed which do not necessarily mean that USCIS finds those area deficient in your initial filing.

@Dari madam, I have seen people approved for Late Initial Application. You never know what $135 and a dream can do for folks struggling with status. In worse case, they will lose $135. There is no point in discouraging fellow Nepalese with laws/ USCIS policy that do not necessarily say that you can't file late initial application without projecting the Policy's implication.

Disclaimer: I'm not a lawyer. Please consult with an experienced attorney for your matter. I will not be responsible for the action you take or refrain from taking because of my response above.

Thank You

 


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