Posted by: mero_naam_ho December 12, 2015
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@Sakumaku. No I don't think your presence is counted as unlawful presence, and it is clearly written so in this document.
http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF
Page no . 7
Aliens present in the unlawful status who do not Accrue unlawful presence
Alien (Person's) Pending Application for Temporary Protected Status (TPS)
Means most probably, your unlawful status will not be counted as unlawful presence. However, please remember that you still have unlawful status, you might have to explain it later if you have to do an adjustment of status.
This is not a lawyer advice. this is just an opinion. Please consult a lawyer if you want to know more.
Good Luck.
Last edited: 12-Dec-15 01:22 PM