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teroobaau
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 TPS AP and Immigration Court Proceedings
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Posted on 06-13-19 10:46 PM     Reply [Subscribe]
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Sorry if this question has been asked before and answered. I had asked it before but did not get any answer. My case has been remanded back to court by BIA , so I am in same situation like waiting for master hearing in court now.

I have approved TPS.

So I have 2 questions:

Has anyone whose case is pending in immigration court been granted AP through TPS? I was granted first time but rejected second time even though my case state was same. They rejected stating since I am in removal proceedings , I cannot get AP. I wanted to know if someone else has been granted AP in last year with similar situation before I throw 575$ down the drain.

IF AP was approved, has someone travelled abroad and returned with case like above?



 
Posted on 06-14-19 2:41 AM     [Snapshot: 117]     Reply [Subscribe]
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Instructions Field Officer
Applicants Ineligible for Advance Parole
  1. Applicant's underlying application/petition has already been denied or administratively closed (including TPS);
  2. Applicant's TPS will expire before the return date;
  3. Applicant is in removal proceedings OR has a Final Order of Removal (customer must request from ICE);
  4. Applicant has a pending AOS or Legalization application ;and Entered Without Inspection (EWI);
  5. Applicant's pending AOS has an outstanding RFE (consult with SISO prior to denying 1-131)
  6. Customer has NO pending application;
  7. TPS recipients whom have been issued a Notice to Revoke (NTR)
  8. J-1 non immigrants who are subject to the 2-year foreign residency requirement;
  9. U visa holders;
  10. NOTES: 1) Customers with valid non-immigrant status and visa (H1- B, H-4, l-1, l-2, K-3, K-4) DON'T NEED AP to travel abroad and return. 2) U.S. citizens and LPRs do not require AP to travel. U.S. citizens should consult the CBP website detailing Western Hemisphere Travel Initiative requirements; LPRs must be in possession otJheir PRC, Reentry Permit, or an SB-1 Visa (Returning R~sident Visa) after travel abroad, depending upon their absence.

 
Posted on 06-14-19 11:42 AM     [Snapshot: 311]     Reply [Subscribe]
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So based on point 3 , i cannot have AP. Well that sucks.
 
Posted on 06-14-19 1:21 PM     [Snapshot: 368]     Reply [Subscribe]
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Yes, you can get advance parole. Two ways for you:

1. You have to administratively close your proceedings. For this, your attorney can ask the DHS attorney if they are willing to administratively close your proceedings because you have TPS and cannot be deported. 99% DHS attorney will agree to close your proceedings. Then you file a motion to administratively close your proceedings with the immigration court. After, case is administratively closed, you can apply for AP and it will be approved.

2. You can apply AP with ICE not USCIS. They can approve based on humanitarian situations only.
 
Posted on 06-14-19 5:04 PM     [Snapshot: 508]     Reply [Subscribe]
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Why is my lawyer saying i am eligible for AP even with removal proceedings? Very confusing.

Furke, how is your life been so far since admin closer and all? Are you out of this immigration status limbo?

Thanks both of you.
 
Posted on 06-14-19 6:32 PM     [Snapshot: 558]     Reply [Subscribe]
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For TPS AP, do we have have to have serious medical issues or they can approve for family visit during Dashain as well? Also, If my plan is to go apply for immigrant visa, do i have to disclose while applying TPS based AP?
 
Posted on 06-14-19 8:50 PM     [Snapshot: 619]     Reply [Subscribe]
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I had my proceedings administratively closed. I'm in TPS still. I applied for AP three years ago and travelled on that. No urgent medical situation. For TPS AP, you don't need any reason. I got my AP for this year too and travelled with it again.
managale, no need to disclose since it doesn't ask on the form for tps based AP.
 
Posted on 06-14-19 10:06 PM     [Snapshot: 658]     Reply [Subscribe]
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furke,

On the form you need to explain the reason for need for AP, so just family visit should suffice? Did you write on separate sheet of paper about your reason for travel?
 
Posted on 06-14-19 10:35 PM     [Snapshot: 674]     Reply [Subscribe]
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@furke &mangal
It looks like this auto extension won’t work for travelling. . I mentioned it already that uscis person wasn’t sure about this time. Aafu haru jaanu bhayara aaunu bho bhane plz bhandinus.
 
Posted on 06-14-19 10:36 PM     [Snapshot: 675]     Reply [Subscribe]
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I got my Ap based on TPS and the reason i gave was I wanted to visit my family back home and they approved it. I'm little hesitant to apply this year though
 
Posted on 06-15-19 8:40 AM     [Snapshot: 756]     Reply [Subscribe]
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has anybody travelled through assylum interview pending advanced parole?
 
Posted on 06-20-19 12:47 PM     [Snapshot: 1195]     Reply [Subscribe]
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Do we lose TPS if we get Canada PR? Will CBP know if we get canada PR, go to canada to process PR and come back to US. If all of you think why not stay in Canada if you got PR, the answer would be first : Secured Job here (no good pay scale in Canada) second: Weather.
 
Posted on 06-20-19 10:10 PM     [Snapshot: 1426]     Reply [Subscribe]
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It depends what you use to enter back to US . If you use TPS AP, you will maintain TPS status, if you use Canada PR, you are a basically a tourist or whatever and TPS is abandoned i think.
 
Posted on 06-22-19 7:44 AM     [Snapshot: 1719]     Reply [Subscribe]
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@Furke,
Hi, when did you apply for AP this year and how long did the process took. Can you please share the time frame? Thanks
 
Posted on 06-22-19 1:41 PM     [Snapshot: 1783]     Reply [Subscribe]
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This time it’s risky....
 


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