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The One
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Posted on 10-30-16 10:03
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Dear All, I came back to Nepal from US on June 2016. I didnt apply for a TPS but My spouse has a TPS and is in US. Am I eligible to apply for late registration TPS based on her TPS?
Last edited: 30-Oct-16 10:10 PM
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The One
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Posted on 10-31-16 8:52
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:( No one with an answer ??
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maxpayne
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Posted on 10-31-16 8:57
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If you were not present on the tps designated date and can't prove the substantial presence test , you can't apply. Tps is granted in person basis and not like other categories where spouse status may help you.
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The One
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Posted on 10-31-16 9:56
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@maxpayne : I was present (15th May 2015 to 10th June 2016) on the tps designated date ie June 24 2015 . But because of circumstances I had to return and didnt apply for a TPS. My wife applied and stayed. I am in Nepal since 10th June 16. Now since there is reapplication period (eligible if spouse has a TPS), I dont know if i should come to US and reapply. Any suggestion??
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manjilmagar
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Posted on 10-31-16 10:36
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@TheONe There seems to be 2 criteria to fulfill for ppl who did not initially file for TPS but now want to file for late initial registration. 1. Be eligible for TPS duting Initial Registration - Which you are 2. meet at least one of the late initial filing conditions below: You are a spouse of an individual who is currently eligible for TPS ->You meet this criteria as well based on literal meaning but all the criteria listed here are confusing. Therefore I believe you have a good case, but I would still consult with USCIS and lawyers if possible. Best of Luck
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fdpower
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Posted on 10-31-16 10:45
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Agreed , you being here during the initial registration period and being a spouse of a TPS holder should make you a good case.
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edipre
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Posted on 10-31-16 10:48
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Be eligible for TPS during Initial Registration and continuous stay - Looks like you do not satisfy this. Apply with cover letter explaining your case/situation/circumstances . You may get approval. you meet other late filing criteria i.e should be on non immigrant status or spouse criteria etc... USCIS will return your money back if application is not complete (doesn't satisfy late filing conditions)
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manjilmagar
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Posted on 10-31-16 10:58
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@edipre TheONe said following "I was present (15th May 2015 to 10th June 2016)" which means he was eligible for Initial Registration, he just did not apply for TPS back then.
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damauli_guy
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Posted on 10-31-16 11:11
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If you still live in Nepal. If they call you for Biometrics and cannot attend it. It may disqualify automatically.
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The One
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Posted on 11-01-16 9:35
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Thank You All for your inputs.
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