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 TPS & GC
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Posted on 03-18-17 11:59 PM     Reply [Subscribe]
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Hello,

Need some suggestion on TPS and GC processing. Does TPS status impact GC processing by any means? My opt is over and I am currently on TPS (approved after re-registration); H4 process is pending. On the other hand, my husband's GC process through his work is going on. Perm approved and filing I40 next. Just want to check and see if anyone is on same boat? Anyone aware if TPS status has any negative impacts on GC process. Thank you in advance!
 
Posted on 03-19-17 12:39 AM     [Snapshot: 26]     Reply [Subscribe]
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Applying for GC from TPS will only be a problem if you were out of status before you applied for TPS. So you will be fine.

People who have been out of status for up to 6 months before they applied for TPS will be subject to a 3 year bar for adjustment of status for GC and those who have been OOS for more than a year are subject to a 10 year bar. Basically, your adjustment of status will be denied if you have been OOS over 6 months.

Subtle note regarding being out of status - you will not be considered out of status when you were in, say your last month of valid visa when you applied for TPS but your TPS application took say 4 months to be approved. That extra 3 months will not be considered you being out of status if your TPS is eventually approved. If however, your TPS is rejected, then those 3 months will retroactively count as out of status stay.

https://www.murthy.com/2013/06/03/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence/
Last edited: 19-Mar-17 12:40 AM

 


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