Lawyer's Response to (a)(12) and (c)(19) Concern
Hello guys,
I posted a few inquiries regarding TPS for Nepal a few days ago. Later, I decided to request to immigration lawyers as well. I requested to 3 lawyers ( 2 Nepali origin and one American). So far, I have not received any reply from the two lawyers of Nepali origin. However, Jesicca Yanez, who is working in Greensboro, NC areas, has responded to my queries. Please read her response regarding (a)(12) and (c)(19) confusion on form I-765 # 16 (Eligibility Category). Please make sure about this before you file the application. I would like to request you all to share about this if you know about this. Here is her response.
"(c)(19) is for TPS applicants, so use (c)(19). If you are granted TPS, you will use (a)(12) since that is for someone who already has TPS".
BHAGAWAAN PASHUPATI NAATHLE SABAIKO KALYAN GARUN !
C19 makes sense here. From wiki:
TPS applicants are eligible to receive an Employment Authorization Document (EAD/card) based on TPS only if they have a pending or approved initial Form I-821 (Application for Temporary Protected Status).Category C19 appears on EADs issued while the initial Form I-821 is pending approval or denial; therefore, receiving a C19 EAD does not mean that an applicant has been granted TPS. Category A12 appears on EADs issued after the initial Form I-821 has been approved.
from - http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf
A category (a)(12) EAD is issued to an
individual granted TPS under 8 CFR 244. A
category (c)(19) EAD is a temporary treatment
benefit under TPS pursuant to 8 CFR 244.5.
As this will be the first time we are applying for TPS this should be c(19).
Check step 5 here
http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status
"If you are found to be eligible upon initial review of your TPS application (prima facie eligible) you will receive an EAD"
As per the USCIS website EAD can be issued before approval of TPS application.
Last edited: 30-Jun-15 01:46 PM
@TPS : I don't know why the guy said that.. may be he was not sure about that..
I again made this inquiry at avvo.com. And you can see the responses: which means we shoudl file it as c(19)
http://www.avvo.com/legal-answers/while-filling-i-765-and-i-821-at-the-same-time--wh-2248022.html?utm_campaign=answer_notify&utm_content=question_legal&utm_medium=email&utm_source=notification
@najnarin
On the avvo website you mentioned above, they have conflicting answers as-well.
http://www.bc.edu/content/dam/files/centers/humanrights/pdf/USCIS_TPS_Form_I-821_Filing_Tips.pdf
how about this filing instructions. It clearly says a 12.
It is being too much complicated day by day. I also got same confusion from two attorneys. One says, (a)(12) and other says (c)(19). Does anybody have friends from other countries like El Salvador, Haiti, Sudan etc, who have already applied for this? That would be a great idea to confirm 100%.
PLEASE SHARE.
@basebook: On the above website all of the three lawyers agreed on c(19). The attorney,meenu sharma, who said a(12) at first, changed her answer in the comment section and said Mr. Larson is right that means it is c(19).
@TPS
Don't get too confused and here is why
http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf
A category (a)(12) EAD is issued
to an individual granted TPS under 8 CFR 244. A category (c)(19) EAD is a temporary treatment benefit under TPS pursuant to 8 CFR 244.5.
Are you an individual that has been granted TPS ? The answer is no because you are applying for a TPS and it has not been yet granted. So you will put C19 this time.
Hope this helps
Kuro Sahi ho @ mero_naam_ho :)
@ mero_naam_ho, I agree. However, the content in the following link kept me in confusion:
http://www.bc.edu/content/dam/files/centers/humanrights/pdf/USCIS_TPS_Form_I-821_Filing_Tips.pdf
If you see under title, it says, "Initial Resigtration". If you go down(I-765 form), it clearly says, "On Line 16 of the I-765, enter Eligibility Code “A12.”
Looks like it was issued by USCIS and this is the main reason of confusion.
Not sure, why it is there like that on bc.edu. It might be there for various reasons
1) typo error.
2) someone forget to update the info
3) it might be an old info
And list goes on....
The point here is do what USCIS instructions says.
Last edited: 30-Jun-15 02:52 PM
After researching and talking to some legal experts over the phone, i have come to the conclusion that the category should be (c) (19).
hi guys i have three previous EAD and on all of them there is A# same should i put the A# in form i 821 part 2 no.4 or leave it blank for F1 student
http://www.avvo.com/legal-answers/regarding-tps-for-syrians-------i-applied-for-tps--1344526.html
Just trying to confirm ,r we certain it's C 19,...I read some syrian ppl posting somewhere n it says a 12...
http://cfr.regstoday.com/8cfr244.aspx#8_CFR_244p5
How do you prove continuous stay in The Us who isn't student and doesn't have a ss job
so final c 19 nai ho ta.ki sitll conufsion..koi sanga pani 100% answer na bha nai ho ta
Right one is c(19) if applying for the first time TPS with EAD but Uscis will accept both got information from Uscis teleconference.
http://www.aila.org/infonet/uscis-teleconference-nepal-tps
Last edited: 01-Jul-15 12:55 PM
Great ! @ Ramona, can you please summarize or write the important points they told in the conference? Briefly please.
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