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paleswan
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Posted on 08-24-16 3:06
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Has anyone, who came to US after June 24th 2015, applied for TPS??
I would really appreciate any help or guidance in my situation.
I received notice from USCIS saying "Intent of deny for TPS" and need to respond to this mail withing 30 days.
Here is my situaiton: 1) I came to US on a visit visa and went back to Nepal on March 2015.
2) Re-entered US in July 2015 and applied for TPS in Nov 2015 on a basis of Eligibility Requirements that USCIS website states "Have been continuously residing (CR) in the United States since the date specified for your country. (i.e. June 24 2015). 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."
3) Received TPS-EAD in Jan 2016 Last edited: 24-Aug-16 03:07 PM
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ny2
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Posted on 08-24-16 5:21
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It's very difficult to turn the table around in your case. Typically, if you were residing in the US from or before Jun 25 2015 but made short trips later, you could at least justify that you still maintained continuous residence by providing evidences of continuous residence, but your problem is that you weren't even physically present in the US and in fact were in Nepal when US designated Nepal as TPS country and that you came to US In July of 2015. Based on the CPP and CR requirement, you aren't even eligible for TPS. You can definitely seek assistance from a lawyer but it's highly unlikely you will be granted the TPS status.
Last edited: 24-Aug-16 05:21 PM
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paleswan
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Posted on 08-25-16 8:53
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@ny2 thanks for your response. I was under the impression that i was eligible to apply based on the exception. On receiving the TPS EAD, i was hoping that my TPS would get approved. I have tried to contact few Immigration lawyers but haven't heard back from them yet. So, i was trying to get some help/suggestion from Sajha users.
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1800-HELP
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Posted on 08-25-16 9:34
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So when did you came to US. I don't think so you will have continuous residence in US staying just for couple of months. Just look for "continuous residence" in Cornell university's US immigration articles. You will find something there.
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Oh_Gaathe
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Posted on 08-25-16 10:20
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I don't think so you can show continuous residence with a tourist visa. The whole point of giving a tourist visa is for a short visit and a temporary one. You have a weak case to prove.
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ny2
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Posted on 08-25-16 11:37
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TPS EAD will be approved easily for pending TPS applications. But continous residency or physical presence doesn't even apply to you. You came to US on July after Nepal was already designated as TPS eligible. So it's highly unlikely you will get approved no matter what you send.
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paleswan
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Posted on 08-26-16 8:03
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Thanks guys for your response, i really do appreciate your time. Do you guys know any good lawyer who'll be able to help me out in this situation?
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