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 TPS question on immigration legislation pass by House Judiciary Committee today!!

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Posted on 09-14-21 1:03 AM     Reply [Subscribe]
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So the house judiciary committee pass the immigration legislation today

https://docs.house.gov/meetings/JU/JU00/20210913/114040/BILLS-117-117-2-N000002-Amdt-1.pdf

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?

 
Posted on 09-14-21 1:08 AM     [Snapshot: 8]     Reply [Subscribe]
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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

 
Posted on 09-14-21 1:20 AM     [Snapshot: 23]     Reply [Subscribe]
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Last edited: 14-Sep-21 02:57 AM

 
Posted on 09-14-21 1:39 AM     [Snapshot: 38]     Reply [Subscribe]
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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.
 
Posted on 09-14-21 1:46 AM     [Snapshot: 53]     Reply [Subscribe]
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It means only Burma will be excluded. All other nationals will be eligible.
 
Posted on 09-14-21 9:58 AM     [Snapshot: 224]     Reply [Subscribe]
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@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.







 
Posted on 09-14-21 10:08 AM     [Snapshot: 255]     Reply [Subscribe]
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Sexy ta pani tPs holder nai haina bhanya ???
Last edited: 14-Sep-21 10:08 AM

 
Posted on 09-14-21 11:07 AM     [Snapshot: 324]     Reply [Subscribe]
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@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 ........
 
Posted on 09-14-21 11:37 AM     [Snapshot: 367]     Reply [Subscribe]
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@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
 
Posted on 09-14-21 4:23 PM     [Snapshot: 579]     Reply [Subscribe]
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Durbin on immigration in reconciliation: Whether it survives “Byrd Bath” “entirely” in parliamentarian’s hands.

https://twitter.com/TylerOlson1791/status/1437856436034416640

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

 
Posted on 09-14-21 4:42 PM     [Snapshot: 599]     Reply [Subscribe]
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WAHEGURU. Durbin ko samjhao koii. Nahi toh mein samjaaney jaaungaaa...
 
Posted on 09-14-21 4:45 PM     [Snapshot: 613]     Reply [Subscribe]
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Yeah some miracles would be nice at this point, looks like it’s not looking good
 
Posted on 09-14-21 4:47 PM     [Snapshot: 615]     Reply [Subscribe]
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Senate parliamentarian will
Definately put smiles on democrats face . That’s for sure user
 
Posted on 09-14-21 5:04 PM     [Snapshot: 645]     Reply [Subscribe]
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I kinda feel like inside Elizabeth McDonough is republican supporter, but let’s see finger cross 
Last edited: 14-Sep-21 05:12 PM

 
Posted on 09-15-21 1:27 AM     [Snapshot: 930]     Reply [Subscribe]
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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/default/files/document/forms/i-131instr.pdf

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

 
Posted on 09-15-21 12:57 PM     [Snapshot: 1158]     Reply [Subscribe]
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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.
 
Posted on 09-15-21 3:47 PM     [Snapshot: 1284]     Reply [Subscribe]
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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?
 
Posted on 09-15-21 4:00 PM     [Snapshot: 1311]     Reply [Subscribe]
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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

 
Posted on 09-15-21 4:01 PM     [Snapshot: 1320]     Reply [Subscribe]
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yea just take a chillpill .... even gas station worker will qualify as super essential workers .....
 
Posted on 09-15-21 5:04 PM     [Snapshot: 1384]     Reply [Subscribe]
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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.


 



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