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 Is there still hope for TPS ?
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Posted on 10-29-22 2:06 PM     Reply [Subscribe]
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Posted on 10-29-22 3:12 PM     [Snapshot: 49]     Reply [Subscribe]
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If 9th circuit doesn’t rule by Nov 30 then there will be auto extension for atleast a yr .
If 9th circuit comes up with a decision by Nov 30 . There will be only 2 months of stay for Honduras, Nicaragua and Nepal excluding El Salvador . For el salvador the court has to give 1 yr tps extension before it takes away . Even If 9th circuit decides by November to rule out than we have another options to go back to lower court and fight it
President Biden can use his power to extend it to another 18 months if he desires.
My guess is since Biden has added 9 more countries this yr they want to get rid of those countries who have been benefiting from tps for 2 decades. But most of the people who have resided here since 2000 cannot adjust their status to greencard because of no proper documentation (EWiO). The Supreme Court ruled that people who have entered without inspection cannot adjust their status to greencard . . since there are more than 300000 tps holders from Central America it is not going to be easy for them to deport each and everyone which is next to impossibility. 🤞.
Posted on 10-29-22 3:42 PM     [Snapshot: 93]     Reply [Subscribe]
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Thanks for the info, I just hope court decision doesn’t come out by nov 30 🤞 and we get another 9 months or an year
Posted on 10-29-22 4:20 PM     [Snapshot: 125]     Reply [Subscribe]
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Can we appeal further?

Yes. We will again appeal to the full Ninth Circuit, through what is called the “en banc” process. We will ask all 29 judges to vote that our case be re-heard. If that fails, we will ask the United States Supreme Court to review our case.

Posted on 10-29-22 4:25 PM     [Snapshot: 118]     Reply [Subscribe]
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No matter when the ruling comes out and goes into effect, you will have at least 4 months(not 2 months as suggested by sanaklaal) of prior notice.

Though extension for another year is extremely likely but not re-designation.


In Case of Reversal
If the court reverses the preliminary injunction and that decision is final, the terminations of the TPS designations for Honduras and Nepal will take effect, unless the final court order places other limitations on the terminations.

If one or more of the termination decisions can take effect, DHS will allow for an orderly transition period ending the later of:

(a) 120 days from the issuance of any appellate mandate to the District Court; or

(b) to the extent the government requests the District Court to terminate the stay, 180 days after the District Court terminates the stay.

For legal reasons, the 120-day or 180-day transition period will not start automatically if there is a decision reversing the preliminary injunction. USCIS will inform TPS beneficiaries when the transition period will begin.
Posted on 10-30-22 1:35 AM     [Snapshot: 352]     Reply [Subscribe]
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I agree. Probably 1 yr extension. In the media, it was not revealed anywhere what the stake was. The lawyers probably asked for re-designation for all those countries, which is literally not possible b/c of large TPS beneficiaries from Honduras, El Salva, etc. who entered recently would get it. One thing is clear, if the president has this in his ideal agenda (like talking about paths to citizenship for tps, daca, even in state of the union address) then how come they attempt to "end" it. I seriously doubt they would end such as large workforce currently working in this worker-shortage economy. So, guys hope things will clear up this week and hopefully get extended on Monday for at least 1 year.

Note the (responsible) Washington post title was "work authorization at risk" not immigrants at risk of deportation. 
Be careful of irresponsible (Nepali) media with titles like this: "hajaraun Nepali desh nikala ko jokhim ma" they want to scare you to get your attention and make money through your clicks. 
Always be careful with lawyers, they will scare you.
Last edited: 30-Oct-22 01:45 AM

Posted on 10-30-22 11:56 AM     [Snapshot: 524]     Reply [Subscribe]
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Sleepy Joe has already forgotten what he said at the state of union . I guess he is not aware of this tps situation now. Once he finds out, there will be automatic extension for another 18 months

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