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Nepali777
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Posted on 07-01-21 8:03
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Hello all, I have to go Kathmandu as its been more than 6 years Im out of home. Came to US- 2009 Got my H1b- 2013 2014- out of status 2015- TPS Flying KTM 10th July KTM-NY- 15th Sept So Im traveling with AP hoping to get back with out any problem. Guys let me know if anyone of you have similar issue or any one of you traveling on TPS-AP? If anyone knows someone that traveled with AP pls share me experience . Please share me your experience ! Thank you !
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Nepali777
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Posted on 07-02-21 7:12
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Nepali777
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Posted on 07-02-21 7:18
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@oe_jharpat- Thank you for your time It looks like you have travelled with TPS- AP. Did you go to Mexico? Why did you not go to Nepal?Yeah, I want to adjust my status after I get back so thank you again for your suggestion. Would it be ok if i get back before Oct, 4,2021 ? My return ticket is 15the sept 2021
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oe_jharpat
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Posted on 07-02-21 7:41
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@nepali777 I have PR, but I travelled with H1b people. They don't ask for any docs at POE as of last week but this might change. Mexico just for fun, I went to Nepal in November last year. It should be ok as long as your entry is valid, that is the date on your AP is good.
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Nepali777
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Posted on 07-02-21 9:39
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@oe_jharpat I did my H1b stamping In 2013 but now Im nervous because of TPS -AP. Im wondering what will happen in KTM airport while getting out of the airport/flying to USA(I don't have visa-they may ask for visa in Nepal airport). My return ticket is sept 15 so Im hoping I can get back easily from POE . Thank you so much for your reply ! I really appreciate.In case if you get any news about TPS pls share .
Last edited: 02-Jul-21 09:40 PM
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maxpayne
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Posted on 07-03-21 11:06
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Airlines are responsible to check visa prior to boarding thus the personnel are aware of various type of visa/permits. Just be sure to give about 4 hours for the airport. You wont have any issues travelling. As long as you return before Oct 4 2021.
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Bennedict
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Posted on 07-03-21 1:14
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@oi_jharpaat".....Also a good thing to go out and come in since now your entry will be valid and that gap in between where you were out of status would not matter after you come back if you were to adjust status."
I was also of the same opinion, but Managalejee (who does not come here anymore) explained to me at that time that it does not work that way, you cannot erase the 'out of status' gap like that or something unless you live in certain circuit states. I do have an idea that previously 'out of status' TPS holders can adjust their status under circumstances such as immediate relations to US citizens, but do not know if going back to Nepal and coming back with a valid entry stamped on your passport will erase the out of status gap in the record to be eligible to apply for adjustment here itself in USA, especially if the immigration petition is via some other means other than the immediate relation to US citizens. Please share your knowledge if I am behind here please.
Last edited: 03-Jul-21 01:17 PM
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Tesla guy
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Posted on 07-03-21 2:28
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Well Maile chahi suneko chaina hai Testo. Visa overstay and out of status DAAG will never ever go any where . IWhile filing 485 u need to show them that ur stay in usa has been always up to date and legal.. Exiting states with tps advance parole to clean the past ( overstay or out of status ) simply is a wrong thought only . U must admit that u have been out of status while filing 485. Most of the h1b holders who got gc thru employment knows this fact. While tps holders including me aren’t fully aware of it .
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Hanuman1
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Posted on 07-04-21 10:01
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@bennidict Even marrying to a us citizen doesn’t work in lot of cases .marrying us citizen Never work if you came tallo bato.
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kopilam
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Posted on 07-04-21 2:00
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My AP was denied in 2017 because my asylum was denied. But i think i made a mistake by applying for the AP for Nepal. So i needed some advice. Should i apply for AP for India this time? will that help to get it approved? Please let me know if anyone has been in similar situation. Thanks
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Sanaklaal
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Posted on 07-04-21 3:24
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Asylum denied bhaye pachi pani AP dinu parney ho
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Sanaklaal
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Posted on 07-04-21 3:25
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Apply now again . It should be OK now .
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Nepali777
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Posted on 07-04-21 7:03
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@maxpayne- Thank you for your time ! Did you travel with TPS-EAD? What happens after we check in with Airlines? Do we need to show AP to Nepali Immigration officer? Yeah ,ok I will keep in mind about time and will be there as early as possible in KTM airport. Take care !
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Nepali777
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Posted on 07-04-21 8:42
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@Bennedict- Thank you for your time ! Hope you are well ! I think Mr. Mangale is best person to answer all the info related with TPS/Immigration. For now,I want to know about traveling with TPS-EAD. As far as I know, for out of status folks in TPS ,9th Circuit/6th Circuit (CA/OHIO)cities are the best to adjust status. Take care !
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Nepali777
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Posted on 07-04-21 8:45
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@Tesla guy- Thank you for your time ! I think you are right ! If you are out of status it is difficult to adjust status, however Circuit9/6 residence can apply for adjustment of status as per our Nepali Attorney.I really am not sure though. Let me know if you are anyone with TPS-AP have any travel experience. Take care !
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Nepali777
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Posted on 07-04-21 8:47
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@Hanuman1 Thank you for your time ! Yes, it is difficult if entry is via tallo bato even if u marry gori/kali. Take care !
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Nepali777
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Posted on 07-04-21 8:50
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@Kopilam - Thank you for your time ! Did you not apply for TPS? A friend of mine was denied for Asylum he applied TPS and waiting for AP. You can reapply again. Good luck !
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kopilam
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Posted on 07-04-21 9:41
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@Nepal777 Can you please update the status once your friend gets it and also could you please confirm which counttry he applied it for ? That would be very helpful.
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Sexy In Sari
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Posted on 07-05-21 11:25
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PLEASE NOTE: On August 20, 2020 USCIS issued a new Policy Memorandum implementing Matter of Z-R-Z-C-, which found that Temporary Protected Status (TPS) recipients returning to the United States with advance parole after August 20, 2020, would no longer be able to be considered inspected and admitted or paroled for purposes of adjustment of status under INA § 245(a)
ADOPTED DECISION
MATTER OF Z-R-Z-C ADMINISTRATIVE APPEALS OFFICE U.S. CITIZENSHIP AND IMMIGRATION SERVICES DEPARTMENT OF HOMELAND SECURITY August 20, 2020
(1) A Temporary Protected Status (TPS) recipient who is granted authorization to temporarily travel abroad and subsequently reenters the United States using a Department of Homeland Security (DHS)-issued travel document resumes the same immigration status the alien had at the time of departure unless the alien is inadmissible under certain criminal or national security grounds or obtains an immigrant or nonimmigrant visa and presents it for admission to the United States.
(2) A TPS recipient’s immigration status does not change upon reentry, even if the DHS-issued,
TPS-based travel document or the DHS-issued arrival document refers to parole.
(3) TPS-authorized travel will not satisfy the requirements of “inspected and admitted or paroled” into the United States for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act.
Which TPS recipients are affected by Matter of Z-R-Z-C-?
Matter of Z-R-Z-C impacts only TPS recipients who initially entered the United States without
inspection. Any TPS recipient who was admitted into the United States, including those who can
demonstrate that they were admitted under Matter of Quilantan, 25 I. & N. Dec. 285 (BIA 2010),
do not need to rely on a TPS-related advance parole entry to satisfy INA § 245, as their
admission satisfies this section. Anyone filing an adjustment application within the jurisdiction
of the Sixth, Eighth, or Ninth Circuits also would not need to rely on the parole entry, as the
grant of TPS is considered an admission in those circuits.24 Similarly, any TPS recipient who
was paroled into the United States on any basis other than INA § 244(f)(3), the TPS travel provision, would independently satisfy § 245(a).
Last edited: 05-Jul-21 11:31 AM
Last edited: 05-Jul-21 11:33 AM
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Sanaklaal
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Posted on 07-05-21 1:56
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This doesn’t even make sense to me. Otherwise why is uscis issuing advance parole to same undocumented people or illegal ppl if they can’t adjust status . What does that mean ?? Lot of South American undocumented have travelled back to their home country with the help of this advance parole. Why aren’t they letting to adjust status here .
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maxpayne
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Posted on 07-05-21 2:52
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Most Nepalese arent affected for above decree as they are admitted initially from legal means. Anyone who crossed the border and at the time of getting tps doesnt get to adjust their status. They never had any status to begin with to nothing to adjust. This is the same case even if you get married to a US person.
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