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 Lawyer's Response to (a)(12) and (c)(19) Concern

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Posted on 06-29-15 10:17 AM     Reply [Subscribe]
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Hello guys,
I posted a few inquiries regarding TPS for Nepal a few days ago. Later, I decided to request to immigration lawyers as well. I requested to 3 lawyers ( 2 Nepali origin and one American). So far, I have not received any reply from the two lawyers of Nepali origin. However, Jesicca Yanez, who is working in Greensboro, NC areas, has responded to my queries. Please read her response regarding (a)(12) and (c)(19) confusion on form I-765 # 16 (Eligibility Category). Please make sure about this before you file the application. I would like to request you all to share about this if you know about this. Here is her response.

"(c)(19) is for TPS applicants, so use (c)(19). If you are granted TPS, you will use (a)(12) since that is for someone who already has TPS".

BHAGAWAAN PASHUPATI NAATHLE SABAIKO KALYAN GARUN !
 
Posted on 06-29-15 11:47 AM     [Snapshot: 184]     Reply [Subscribe]
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She is wrong, c(19) is for Temporary Treatment purpose and for TPS its a(12).

http://www.immihelp.com/immigration/employment-authorization-document.html

visit above link.
 
Posted on 06-29-15 1:30 PM     [Snapshot: 305]     Reply [Subscribe]
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It is (a) (12)
http://www.bc.edu/content/dam/files/centers/humanrights/pdf/USCIS_TPS_Form_I-821_Filing_Tips.pdf
 
Posted on 06-29-15 2:26 PM     [Snapshot: 402]     Reply [Subscribe]
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Thank you problemsolver and basebook. I think, you guys helped hundreds of people (including me) remove the doubt in this matter. Yes, looks like she is wrong. I never realized that the immigration lawyers are so confused in their own area of expertise.


SHREE PASHUPATI NAATHLE SABAIKO KALYAN GARUN !
 
Posted on 06-29-15 2:32 PM     [Snapshot: 418]     Reply [Subscribe]
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not a problem, it's how we learn and help other in need.
 
Posted on 06-29-15 2:47 PM     [Snapshot: 464]     Reply [Subscribe]
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Somebody here at Sajha said last week "To be an immigration lawyer in the USA is one of the easiest jobs". I agree to that to some point. There is no concrete answer. If you go and check in Avvo.com, for example, it looks like different lawyers understand things differently.

We just saw an example above. This is ridiculous. How can you call yourself a subject matter expert on immigration law if you are giving wrong information? Yini haru laai chaai wrong info deko maa kaanoon laagdaina?



 
Posted on 06-29-15 2:56 PM     [Snapshot: 482]     Reply [Subscribe]
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@StatusPidit,

Your are right. If something happens, it will be the applicant, lawyers get their money upfront, they make mistake so they can again charge more money for their next visit. Lawyers are taxi meters, just keeps on rotating for $$$.$$.
 
Posted on 06-29-15 3:06 PM     [Snapshot: 510]     Reply [Subscribe]
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@problem solver...
so is thiswrong?

http://www.avvo.com/legal-answers/i-am-a-tps-beneficiary-for-syria-with-ead-category-2081133.html
 
Posted on 06-29-15 3:07 PM     [Snapshot: 506]     Reply [Subscribe]
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what document should i provide to prove current residence here?
so for passport photocopy should we submit all page of passport photocopy or just front page.?

 
Posted on 06-29-15 3:11 PM     [Snapshot: 513]     Reply [Subscribe]
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Just the front page of passport where your photo and information about nationality is written, passport issue/expiry date. if possible send the copy of visa too, there nationality is mentioned.

To prove current residency, send the bank statement showing you are making transaction, if possible send monthly pay from your employer (if you are employed), if not your rent receipt, cell phone bill receipt, any receipt that was made from June 24 onwards.
 
Posted on 06-29-15 3:23 PM     [Snapshot: 535]     Reply [Subscribe]
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Does cell phone bill from last month will work. The only thing i have aviliable now is creditcard bill or current print bankstatement.
 
Posted on 06-29-15 3:24 PM     [Snapshot: 545]     Reply [Subscribe]
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Posted on 06-29-15 3:45 PM     [Snapshot: 562]     Reply [Subscribe]
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put any bills from before 24th june and after 24th june as-well.
BTW i hear there is barcode at the bottom of all 11 pages of I-821 aftr you print it out, but i dont get any barcode.
 
Posted on 06-29-15 3:52 PM     [Snapshot: 598]     Reply [Subscribe]
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Save your file first as pdf. open the file in acrobat pdf writer then you will be able to see barcode at the bottom to all 11 pages. if it doesn't then there is some problem in saving file.

 
Posted on 06-29-15 7:43 PM     [Snapshot: 719]     Reply [Subscribe]
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how many cheque we have to send ? can we send it in one cheque.
 
Posted on 06-30-15 3:38 AM     [Snapshot: 936]     Reply [Subscribe]
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Planning to send my application today, just sharing what I m sending pls let me know if I m missing something or need to add something. It might be a good list for others too.it's for b2.

1) MO $515 & 2 Pp size photo
2) i-94
3)i-765
4 )i-821
5) g-145
6) citizen ship copy
7 )expired n current passport copies (all pages)
8)phone bills.

I ll update if I missed something.
Gud luck to all
 
Posted on 06-30-15 9:04 AM     [Snapshot: 1106]     Reply [Subscribe]
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Do we have to fill up G-1145?
 
Posted on 06-30-15 1:03 PM     [Snapshot: 1224]     Reply [Subscribe]
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Guys!
FYI:
The lawyer, Jessica Yanez is correct!
I just called USCIS customer service since I was confused between a (12) or c(19) while filing both the forms together. The guy (William ....) told me , it is c(19) that I need to fill under eligibility criteria .
The toll free number of USCIS is 1800-375-5283 (if don't believe me).
 
Posted on 06-30-15 1:41 PM     [Snapshot: 1246]     Reply [Subscribe]
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It is really confusing now. I contacted to USCIS on the number given above. I requested him to tell me whether it is A12 or C19 to put under "Eligibility Category". Actually, he did not want to tell me (or the guy did not know about this, not sure). He said, due to privacy policy they are not in a position to tell me on the phone. He suggested me to contact either the local immigration officer by taking an appointment or consult an immigration attorney.
If any body knows for sure, can you please share your experience.

IS IT (a)(12) OR (c)(19) ????????

 
Posted on 06-30-15 1:42 PM     [Snapshot: 1263]     Reply [Subscribe]
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C19 makes sense here. From wiki:

TPS applicants are eligible to receive an Employment Authorization Document (EAD/card) based on TPS only if they have a pending or approved initial Form I-821 (Application for Temporary Protected Status).Category C19 appears on EADs issued while the initial Form I-821 is pending approval or denial; therefore, receiving a C19 EAD does not mean that an applicant has been granted TPS. Category A12 appears on EADs issued after the initial Form I-821 has been approved.

from -  http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

A category (a)(12) EAD is issued to an individual granted TPS under 8 CFR 244. A category (c)(19) EAD is a temporary treatment benefit under TPS pursuant to 8 CFR 244.5.


As this will be the first time we are applying for TPS this should be c(19).

Check step 5 here

http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status

"If you are found to be eligible upon initial review of your TPS application (prima facie eligible) you will receive an EAD"

As per the USCIS website EAD can be issued before approval of TPS application.



Last edited: 30-Jun-15 01:46 PM

 



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