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 TPS question
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Posted on 11-11-16 3:54 PM     Reply [Subscribe]
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Hey guys, I didn't apply for TPS when it was issued the first time. But thinking about applying this time. I went to Nepal in July of 2016, so wondering if I still qualify...per TPS website, some of requirements are:

- Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and

- Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS Web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.

Based on this, I don't think I meet the requirements. But I was wondering if anyone else has gone through a similar case as me? Or is there anyway I can apply and still get TPS?

Any suggestion will be greatly appreciated!

Last edited: 11-Nov-16 03:56 PM

Posted on 11-12-16 2:26 PM     [Snapshot: 140]     Reply [Subscribe]
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There is an exception for "casual, innocent and brief departures" though. You *may* still qualify.

What are the criteria for the “brief, casual and innocent absence” exception to the “continuous residence” and “continuous physical presence”
requirements for TPS?
A brief, casual and innocent absence means a departure from the United States that
• was of short duration and reasonably calculated to accomplish the purpose(s) for the absence;
• was not the result of an order of deportation, voluntary departure, or an administrative grant of voluntary departure; and
• was not for purposes contrary to law OR did not involve actions outside of the United States that were contrary to law.
If you left the United States with specific, approved authorization of DHS – for example, on an Advance Parole document – and returned within the time
period authorized on that document, you should inform USCIS of that fact when you apply for or re-registration
from: https://www.uscis.gov/sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/TempProtectedStatus.pdf

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