So the house judiciary committee pass the immigration legislation today https://docs.house.gov/meeting... So for TPS section they are saying: TPS: —> has been continuously physically present in US not less than 3 years —> is a national of country with TPS designation on 1/1/2017 —> was elegible for today on 1/1/2017 —> has not involve in consuct that would renders the person in eligible for TPS So my question: Does the “continuous physical presence” of 3 years for TPS holders make the TPS recipients who traveled abroad temporarily under an approved advance parole or in F1 ineligible for relief ? It doesn’t say that you have to continuously present atleast 3 years from 2017!! In my case I had both tps and f1, I used f1 to go and rentered without using advance parole, does that affect? If anyone can enlighten this? Confused?
username619 · Sep 14, 2021 1:03 AM · 36,461 views
if they pass this bill they are passing for everyone .... (essential workers) 1) do you drive uber 2) do you work in a restaurant 3) are you a IT worker 4) are you a high skilled worker 5) do you sell weeds on streets 6) are you a nurse you qualify ......... Last edited: 14-Sep-21 01:08 AM
pandeyji · Sep 14, 2021 1:08 AM
Last edited: 14-Sep-21 02:57 AM
Sanaklaal · Sep 14, 2021 1:20 AM
After reading the language of the bill, it is unclear if a travel within the last 3 years either using parole or other means would qualify . I think one can argue they have been physically present for over 3 years since there is no mention from what date this continuous presence is to supposed to apply . The Dream and Promise Act explicitly provides waivers for people traveling temporarily so it could be included in the senate bill and reconciled later . As of now, it is debatable in my opinion. You can always send an email to your congressman to introduce an amendment to clarify this. Best of luck.
Galactus · Sep 14, 2021 1:39 AM
It means only Burma will be excluded. All other nationals will be eligible.
Sanaklaal · Sep 14, 2021 1:46 AM
@Pandeyji: LOL, "weed sellers" I know all essential workers will be qualified to apply, BUT most of them will get USCIS RFE notice which will lead to headaches and prolong the process down the pipeline. For example: According to the DHS Guidance on Essential Critical Infracture Workers Workers in laundromats, laundry services, and dry cleaners are qualified to apply under this bill. Now they have to show "a consistent record of earned income" Most of the Latinos populations are working using Jane Doe or John Does' social security or fake SSN, Latino communities have a 61% inaccuracy rate in payroll, according to the SSA. The majority of people in this category may get Requests for Evidence.
Sexy In Sari · Sep 14, 2021 9:58 AM
Sexy ta pani tPs holder nai haina bhanya ??? Last edited: 14-Sep-21 10:08 AM
Sanaklaal · Sep 14, 2021 10:08 AM
@Sexy LOL weed sellers are d most essential workers possible .... they shld directly get citizenship if u ask me ...... ask Stockdalal on how essential dey r ...... he will die widout dem ........
pandeyji · Sep 14, 2021 11:07 AM
@galactus yeah since they haven't said you have to be continuously present from 2017/1/1, so i guess as long as you are continuously present in US for 3 years until today should be good, i hope so
username619 · Sep 14, 2021 11:37 AM
Durbin on immigration in reconciliation: Whether it survives “Byrd Bath” “entirely” in parliamentarian’s hands. https://twitter.com/TylerOlson... so then dems aren't going to use their full power majority to overrule senate parliamentary decision if she says no -- if it was up to republicans they would have used it or worst case fire parliamentary, bunch of wussies dems Last edited: 14-Sep-21 04:24 PM
username619 · Sep 14, 2021 4:23 PM
WAHEGURU. Durbin ko samjhao koii. Nahi toh mein samjaaney jaaungaaa...
Sanaklaal · Sep 14, 2021 4:42 PM
Yeah some miracles would be nice at this point, looks like it’s not looking good
username619 · Sep 14, 2021 4:45 PM
Senate parliamentarian will Definately put smiles on democrats face . That’s for sure user
Sanaklaal · Sep 14, 2021 4:47 PM
I kinda feel like inside Elizabeth McDonough is republican supporter, but let’s see finger cross Last edited: 14-Sep-21 05:12 PM
username619 · Sep 14, 2021 5:04 PM
This is partly the answer to the question asked, esp for those with AP. If you have TPS and leave and reenter the United States during the validity period of your Advance Parole Document, you will not break the continuous physical presence requirement for maintaining your TPS. See below Last paragraph, page 4 of 17 https://www.uscis.gov/sites/de... You have a pending application for Temporary Protected Status (TPS) (Form I-821), have been granted TPS, or have been granted T or U nonimmigrant status. Whether you are permitted to retain TPS upon your return will depend on whether you continue to meet the requirements for TPS. If you have TPS and leave and reenter the United States during the validity period of your Advance Parole Document, you will not break the continuous physical presence requirement for maintaining your TPS. Last edited: 15-Sep-21 02:41 AM
Nepa123 · Sep 15, 2021 1:27 AM
Nepal123 You are correct in saying that reentering the US using parole doesn't violate the continuous physical presence requirement for maintaining your TPS. But the bill in question isn't concerned with you maintaining your TPS. The language explicitly says for a TPS recipient to be eligible, he/she "has been continuously physically present in the United States for not less than 3 years." So the argument is that you will not break the continuous physical presence to remain TPS eligible if you use advance parole but may exclude you from applying for residency under the bill for not being physically present in the United States for 3 years. It's a slightly different thing, but I could be wrong.
Galactus · Sep 15, 2021 12:57 PM
Galactus, Nepal123 -- so I went to Nepal in 2017 and reentered using F1, when I had was in both F1 and TPS!! I didn't use the advance parole at that time, and that would break continuos presence if we are counting from 2017/1/1 but the bill doesn't say continuous present from 2017/1/1 -- and that's where i got confused, but if we are just talking about 3 years continuous present in TPS, then by today 2021 I should be continuously present for 3 years in TPS -- if that makes sense does it gonna affect me since I went and came back in f1 but have been continuously present for 3 years till today?
username619 · Sep 15, 2021 3:47 PM
U are telling us that u were admitted as f1 at poe. U are fine username .. why so much so restlessness over the head .you will absolutely be eligible if this passes. Last edited: 15-Sep-21 04:00 PM
Sanaklaal · Sep 15, 2021 4:00 PM
yea just take a chillpill .... even gas station worker will qualify as super essential workers .....
pandeyji · Sep 15, 2021 4:01 PM
Username619, you will probably be ok. If your TPS hasn’t been withdrawn because of the travel using F1 instead of advance parole, then I think you will still qualify . My understanding is that this is not the final bill and even if it is, you will probably be eligible. Take a step back and don’t worry to much regarding this, at least for the time being . @pandeji . Even for essential worker there is a physical presence requirement that must be met under this bill.
Galactus · Sep 15, 2021 5:04 PM
Alright all sajha gurus that should clear my confusion, muchos gracias— road to pathway now, LFGGGG
username619 · Sep 15, 2021 5:55 PM
yes we wan u to get citiznenship n become a senator one day n represent nepali community ..... lol
pandeyji · Sep 15, 2021 6:00 PM
Of course, to the senate and beyond, possibly to the moon and Mars lol
username619 · Sep 15, 2021 7:40 PM
@619 bro im in the same boat as you. Except i entered as h1b. While I also have renewed TPS at every opportunity since 2015. I’m ready to quit my current h1b and go full time TPS lol if this bill passes.
westcoastlad · Sep 15, 2021 8:15 PM
Westcoastlad, yeah I am in opt but it the bill passes I am ready to throw my opt crap and switch to tps, any update on senate parliamentary decision? Is it coming by Friday? Or next week possible, heard that she is asking for more presentation from dems
username619 · Sep 15, 2021 8:40 PM
Hello friends My roommate filed tps in got approve in 2018 Jan. But he has 3 yrs physical presence He filed late . Is he going to qualified?
Gagan-deuja · Sep 15, 2021 8:44 PM
Gagan-deuwa, That’s a good question, I am not sure on that, cuz the bill says you have to be atleast 3 years continuous presence but also says who were eligible for tps in 2017/1/1, not sure if both of the criteria should be met in order to qualify— with 2nd point he/she disqualifies but with the first point he/she qualifies!! I guess talk to attorney if it passes and see? Or If someone else can clarify on this
username619 · Sep 15, 2021 8:55 PM
Thankyou username. His receipt notice from uscis is 12/27/2016. Since then he has been continuously present in us. He also have work permit from tps 2 times .
Gagan-deuja · Sep 15, 2021 9:00 PM
Does anyone have idea . My receipt notice date is 12/27/2016 though .
Gagan-deuja · Sep 15, 2021 9:46 PM
gagan-deuwa— Since you said your tps approved notice was in 2018, and your receipt notice date was 2016, not sure how is that gonna work!! Cuz I am guessing that 2017/1/1 date is the tps approval date mentioned blob that bill!! But if your receipt notice was in 2016 then what’s the reason it took 1 year to get approval for tps? Last edited: 15-Sep-21 09:58 PM
username619 · Sep 15, 2021 9:58 PM
Tyo registration period ho . For Nepal when it was extended second time it was I guess from 10/26/2016 to 12/27/2016 . So uscis issued me the notice with the last day of registration is 12/27/2016. Since I applied this on June and got tps approval on 7/27/2017 . Last edited: 15-Sep-21 10:14 PM
Gagan-deuja · Sep 15, 2021 10:14 PM
Gagan if this bill passes many more will be benifited from this amnesty . Why so restlessness from now . If people who have deportation order , removal order. Voluntary departure are going to be waived under this amnesty . U absolutely will be eligible . Why would they leave u behind if ither poeple from Nepal are getting permanent resident . Take a chill pill and relAxx.
Sanaklaal · Sep 15, 2021 10:45 PM
Does this mean person filing late tps will not be Imcluded ?? Just curious .
Gagan-deuja · Sep 15, 2021 11:25 PM
@gagan-deuwa — sanaklaal is saying you would be included as well since their will be a waiver under this amnesty, so I guess at this point as long as you have tps and have continuos presence for 3 years till today you should be qualified — that’s what sanaklal is saying I am guessing
username619 · Sep 15, 2021 11:42 PM
Username did u read the proposal ?? I just read what u wrote n I laughed so hard .
Sanaklaal · Sep 16, 2021 1:23 AM
Lol sarcasm Last edited: 16-Sep-21 09:21 AM
username619 · Sep 16, 2021 9:20 AM
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