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Everestnepal16
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 Staying legally in TPS
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Posted on 04-23-18 11:14 AM     Reply [Subscribe]
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My parents came in B2 visa but before 6 month expires they stayed in TPS status. They have been living in USA legally. After they came they never visited back or travelled. Now they don't want to stay either it extend or not. My concern is in the passport they have B2 entry stamp. If they want to visit again in B2 visa can it be problem in entry port? since their passport shows only entry in B2 visa and staying more than time period. Passport don't show their legal staying in TPS. What should they do? Thank You in advance.
 
Posted on 04-23-18 1:33 PM     [Snapshot: 292]     Reply [Subscribe]
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Don't see much of a problem. They have tps approval letters which can be presented if anyone asks during POE.
 
Posted on 04-23-18 2:10 PM     [Snapshot: 398]     Reply [Subscribe]
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Probably, not a big deal. They were given temporary status based on the situation of home country. "temporary", meaning they can always change mind and get their previous status.
 
Posted on 04-23-18 2:48 PM     [Snapshot: 460]     Reply [Subscribe]
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@thecakeisalie @thatakwardmoment-Guys you didn't get the question. For instance, your are on F1 status and you violated your status by not meeting the legal boundaries of your student status while on TPS. What would happen in that case is your F1 status will be revoked. Similarly, Everestnepal's parents violated B2 status by overstaying more than the legal duration which is 6 months, while on TPS. Also, they couldn't update their B2 status cause that would require travelling back within the time frame which is not possible.
@Everestnepal- I do have similar situation, please give me a heads up if you hear a satisfying answer. I would suggest you to consult with an immigration lawyer.
 
Posted on 04-23-18 4:32 PM     [Snapshot: 599]     Reply [Subscribe]
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I do not see any issue here.
Your parents were in TPS status once it was approved and as long as they maintained it, there is nothing to worry about. If issue arise at PoE during next travel on B2, you could easily prove that you were in TPS status (with approved letter from USCIS) and left the country before it's expiration (return tickets and also immigration entry at Nepal which is stamped in passport)

I know Passport doesn't have any stamped for exit from USA. But passport will also NOT have stamped even if they left the country in B2 before 6 months expiration.

To answer daverazz question about F1. If you violate your F1 status while you were in TPS, then at the end of TPS, you are not automatically reverted back to F1 status. You have to apply for reinstatement  or leave the country and come back in F1.  But you didn't mention the cause of violation of F1 status. I don't think your logic here between B2 and F1 works. Only way you can violate F1 is either you didn't take full credit hours or worked outside using TPS EAD (which is still up for debate and I have not found convincing answers).

Hope this helps.
Last edited: 23-Apr-18 04:35 PM
Last edited: 23-Apr-18 04:48 PM

 
Posted on 04-23-18 5:06 PM     [Snapshot: 633]     Reply [Subscribe]
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@ Stupida
TPS is technically not a status, although it says Status at the end of Temporary Protection. Its just a humanitarian benefit. TPS beneficiaries should maintain their original status because upon the termination of TPS, the beneficiaries are reverted back to their original status, ie F1, F2, B2, J1, H1B and on. Therefore, its essential to maintain their original status along with TPS, if a person doesn't maintain his original status, upon the termination of TPS, that person will become status less which would be unlawful. Well, its not difficult to maintain other statuses while on TPS except B2, which would require travelling back and forth, which is likely not possible. So, I would say B2 case is a little complicated and needs an expert advice. I would recommend an immigration attorney. Because if his parents are denied reentry that would be a heck waste of time and money and a lot hassle.
Last edited: 23-Apr-18 05:21 PM

 
Posted on 04-23-18 6:12 PM     [Snapshot: 753]     Reply [Subscribe]
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Agreed. But you do not have to maintain your other status while in TPS. You maintain other status because at the end of TPS, you want to fall back to your original status and continue to reside in the USA without exiting.

In this case, his parents want to return back and before the end of TPS. So his parents are free to leave. And I do not see any issue coming back as their presence here in the USA is not consider unlawful. Their stay was lawful via TPS.
 
Posted on 04-23-18 8:05 PM     [Snapshot: 893]     Reply [Subscribe]
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While their stay during TPS status isn’t considered unlawful, they will have problem entering US next time as they already showed the intent that they want to stay in the US not just visit by staying for that long though legally.
 
Posted on 04-23-18 10:12 PM     [Snapshot: 1050]     Reply [Subscribe]
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Thank you all
@ STUPIDA I am only worry about the Departure and Arrival stamp. When they go back they will have departure stamp from USA and Arrival stamp from Nepal, and this will show the time staying in USA more than 6 months in their passport for next visit. As you said if we bring USCIS TPS document during NEXT Visit that may help to prove them they have stayed in USA in TPS legally even after B2 6 month expiration. Thank you
 
Posted on 04-23-18 10:57 PM     [Snapshot: 1102]     Reply [Subscribe]
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@everestnepal- Stupidas point is violation of B2 status is not an issue cause you stayed legally under TPS But my point is violation of B2 status (overstay) could be a problem as you were not able to maintain that status (which was in fact not possible ). Hence, I'm calling it a little complicated to seek a lawyers advice.
 
Posted on 04-23-18 11:23 PM     [Snapshot: 1173]     Reply [Subscribe]
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Daveraaz How living in TPS could be violation of B2 status ? since they change to TPS before 6 month. I will get a lawyer advice before making any decision.Thank you for your reply.
 
Posted on 04-24-18 12:15 AM     [Snapshot: 1230]     Reply [Subscribe]
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Staying more than 6 months is a direct violation of B2. TPS will make stay legal but won’t protect your former status. I’m trying to prove your point since your parents overstayed, there’s a high chance they’ll be denied at the POE. But I’m skeptical myself and don’t consider my assumption more credible. Consult an expert and please do let me know. daveraazshakya@gmail.com. Can I have your email address so I could contact you later because you and I have same situation.
 
Posted on 04-24-18 2:29 AM     [Snapshot: 1357]     Reply [Subscribe]
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Dude based on your opinion lot of students who are currently in TPS status and not maintaining their F1 status should have been returned at POE but its not true. Some of my friends visited Nepal without any problem. The only thing they need at POE is a valid status to stay in US which is TPS. So nobody will have any problem traveling irrespective of their previous status. I will suggest you people not to worry about travling unless you have some big crime on record or you are illigal. Jay Nepal.
 


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