Posted by: GwaachKeta August 24, 2015
TPS to Greencard
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Mero_Naam_Ho boro,
I apologize if I have misunderstood your point coz I am Gwaach. I absolutely agree with 1 point you made here but not all.
Let’s say a person came here legally went Out of status and he applies for TPS and then H1B or even GC. In this case yes if the change of status is denied and he had to go thru consular processing then he may be denied entry to the US because he has accumulated illegal presence in the country but again there is a waiver form that they can use to get it overturned. In that case its matter of luck and it’s a gamble.
But if the person is in valid F1/H1 status and they file for TPS. Get the TPS approved and then leave his F1 or H1 status. How come he is out-of status? There is no accumulation of illegal presence in the country. That will not count against him. Again he may have to go thru consular processing in future which again is in the hand of god "uscis officer" but there is no question of illegal presence.

Rest of the Daju Bhais,

When you guys reference to a lawyer please comment only if you have talked to an expert in that subject matter (TPS). Don’t put your lessons here from a lawyer who have never took a TPS case. I talked to several lawyers and get their opinion on TPS but later I found out they have never handled even 1 TPS case. It is like hiring a Lawyer from North Dakota for an asylum case instead of one from SFO or NY. Get a lawyer who has actually handled TPS case. For example a lawyer from Hartford Connecticut has better chance to have TPS experience than the one in Madison Wisconsin. Do you know why???? Hartford has tens of thousands of Haitians re-settlers after their earthquake. So please don’t talk to marriage based immigration lawyer and shed the light regarding TPS.

Thanks
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