TPS Beneficiaries That Entered Illegally May Adjust Status If They Reside in the 6th Cir. or 9th Cir.

[EvieMN 105]

I'm curious if they're gonna accept your evidence this time around.

I would be really anxious sending the same exact thing when they obviously want to see something new.

Keep us updated!

[TM92 527]

On 1/12/2018 at 8:56 PM, TM92 said:

The RFE listed 2 items

I forgot to include a copy of the RFIE (without sensitive info): images.compressed.pdf

 

Also, for TPS beneficiaries who reside in the Sixth Circuit, there is an important footnote in the USCIS Policy Manual, https://www.uscis.gov/policymanual/Print/PolicyManual-Volume7-PartB.html:

"A foreign national who enters the United States without inspection and subsequently is granted temporary protected status (TPS) does not meet the inspected and admitted or inspected and paroled requirement.^[56]"

Footnote 56: "The 6th Circuit Court of Appeals has ruled that TPS status meets the inspected and admitted requirement for adjustment of status under INA 245 even if a foreign national granted TPS status entered the United States without inspection. See Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013). This decision is only binding on cases within the jurisdiction of the 6th Circuit: Kentucky, Michigan, Ohio, and Tennessee."

[Fabs 0]

On 1/25/2018 at 2:15 PM, TM92 said:

I forgot to include a copy of the RFIE (without sensitive info): images.compressed.pdf

 

Also, for TPS beneficiaries who reside in the Sixth Circuit, there is an important footnote in the USCIS Policy Manual, https://www.uscis.gov/policymanual/Print/PolicyManual-Volume7-PartB.html:

"A foreign national who enters the United States without inspection and subsequently is granted temporary protected status (TPS) does not meet the inspected and admitted or inspected and paroled requirement.^[56]"

Footnote 56: "The 6th Circuit Court of Appeals has ruled that TPS status meets the inspected and admitted requirement for adjustment of status under INA 245 even if a foreign national granted TPS status entered the United States without inspection. See Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013). This decision is only binding on cases within the jurisdiction of the 6th Circuit: Kentucky, Michigan, Ohio, and Tennessee."

I find myself in this exact situation. I am very tempted to try your approach as i have just received the RFIE letter. do you have an update on your  case?

[TM92 527]

18 hours ago, Fabs said:

do you have an update on your  case?

No updates. Most recent statuses:

• I-485: On January 17, 2018, we received your response to our Request for Evidence for your Form I-485
• I-130: On December 6, 2017, we received your Form I-130, Petition for Alien Relative
• I-131: On December 6, 2017, we received your Form I-131, Application For USCIS Travel Document
• I-765: On December 6, 2017, we received your Form I-765, Application for Employment Authorization

18 hours ago, Fabs said:

I find myself in this exact situation. I am very tempted to try your approach as i have just received the RFIE letter.

For clarification: when you originally sent in the AOS packet did you mention or include the relevant Sixth or Ninth Circuit decision? If you didn’t then now is the time to respond to the RFIE with a full copy of the relevant circuit decision as “evidence of your lawful admission or parole into the United States” (if you reside in the Sixth Circuit also include a copy of USCIS Policy Manual: Volume 7, Part B, Chapter 2, Section A, Subsection 5 and footnote 56: https://www.uscis.gov/policymanual/Print/PolicyManual-Volume7-PartB.html). I also recommend including a cover letter with the green colored letters in the quote below that I forgot to include in my RFIE response cover letter.

On 1/12/2018 at 8:57 PM, TM92 said:

Inspection and Admission: I entered the U.S. illegally without inspection but I later applied and was granted Temporary Protected Status (TPS) for [Country]. Last year in Ramirez v. Brown, No. 14-35633, __ F.3d __ (9^th Cir. 2017), the 9^th Circuit affirmed that under the TPS statute, 8 U.S.C. section 1254a(f)(4), a TPS recipient is deemed to be in lawful status and thereby has satisfied the requirements to become a nonimmigrant, including inspection and admission, for the purposes of adjustment of status. Therefore, I can adjust status as a resident of the state of [State] which is under the jurisdiction of the 9^th Circuit. I have included a copy of the 9^th Circuit Ramirez v. Brown opinion. Despite having entered without inspection, I qualify to adjust under INA § 245(a) because I was subsequently admitted by virtue of a grant of TPS status. Below is a front and back copy of my current Employment Authorization Card under category A12 (Temporary Protected Status granted).

[Front of Employment Authorization Card] [Back of Employment Authorization Card] 

 

[Fabs 0]

1 minute ago, TM92 said:

No updates. Most recent statuses:

• I-485: On January 17, 2018, we received your response to our Request for Evidence for your Form I-485
• I-130: On December 6, 2017, we received your Form I-130, Petition for Alien Relative
• I-131: On December 6, 2017, we received your Form I-131, Application For USCIS Travel Document
• I-765: On December 6, 2017, we received your Form I-765, Application for Employment Authorization

For clarification: when you originally sent in the AOS packet did you mention or include the relevant Sixth or Ninth Circuit decision? If you didn’t then now is the time to respond to the RFIE with a full copy of the relevant circuit decision as “evidence of your lawful admission or parole into the United States” (if you reside in the Sixth Circuit also include a copy of USCIS Policy Manual: Volume 7, Part B, Chapter 2, Section A, Subsection 5 and footnote 56: https://www.uscis.gov/policymanual/Print/PolicyManual-Volume7-PartB.html). I also recommend including a cover letter with the green colored letters in the quote below that I forgot to include in my RFIE response cover letter.

 

I did not provide this with the original packet. thank you so much!

[Fabs 0]

Just now, Fabs said:

I did not provide this with the original packet. thank you so much!

the only difference in our case is that i am filing through my husband who is a USC. We have been married for 7 years now, why have I waited this long?? Honestly, i was originally told i would have to leave the country and i don't have anyone in Honduras. I don't want to leave.

[TM92 527]

3 minutes ago, Fabs said:

i am filing through my husband who is a USC.

Yes you qualify as long you reside in either the Sixth or Ninth Circuits (your profile does not say where you live). We both qualify as immediate relatives of USC:

• The spouse of a U.S. citizen
• The unmarried child under 21 years of age of a U.S. citizen
• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older)

As immediate relatives of USC, USCIS will ignore any unlawful presence we have accrued.

[Fabs 0]

4 hours ago, TM92 said:

Yes you qualify as long you reside in either the Sixth or Ninth Circuits (your profile does not say where you live). We both qualify as immediate relatives of USC:

• The spouse of a U.S. citizen
• The unmarried child under 21 years of age of a U.S. citizen
• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older)

As immediate relatives of USC, USCIS will ignore any unlawful presence we have accrued.

I am under the 9th Circuit (Arizona)

[Fabs 0]

On 12/15/2017 at 11:36 PM, TM92 said:

[Street Number and Name]

[City, State ZIP]

 

[Month Day, Year]

 

 

 

 

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

 

 

RE: I-765, Application for Employment Authorization

Applicant: [Applicant's Full Name]

A-Number: [A-Number]

 

 

To Whom It May Concern:

 

I’m filing my Adjustment of Status (I-485) and Advance Parole Document (I-131) applications concurrently with this request for an Employment Authorization Document (I-765). I’m filing the I-485 after July 29, 2007, and paying a one-time filing fee. Therefore, as an Adjustment of Status applicant, I am not required to pay additional USCIS fees for this I-765 request.

 

I am enclosing the following documents in support of my application for Employment Authorization:

 

1. Form I-765, Application for Employment Authorization

2. Form G-1145, E-Notification of Application/Petition Acceptance

3. Copy of my current Employment Authorization Document (Front and back)

4. Two identical passport-style color photographs

5. Copy of I-797, Notice of Action, approval notice of current I-765

 

I am requesting that your office promptly approve my request for an Employment Authorization Document. If you have any questions or concerns, please call me at (000) 000-0000. Thank you for the time taken in this case.

 

Sincerely,

[Applicant's Full Name]

 

If i am applying for an adjustment of status, how do i know if i need to make the payment when submitting for i-765?

[TM92 527]

2 hours ago, Fabs said:

If i am applying for an adjustment of status, how do i know if i need to make the payment when submitting for i-765?

You can apply for EAD (or EAD/Advance Parole combo card) for free because your AOS application is pending, see Q5: https://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers. I recommend applying for the EAD/AP card because one never knows if it unexpectedly becomes necessary to travel outside the US (and again its free). If you apply for the EAD/AP send Form I-765 and Form I-131 concurrently. Although you already have an EAD from TPS, make sure to select "Permission to accept employment" on Form I-765 not "Renewal of my permission to accept employment." The reason is your TPS EAD is either under (a)(12) or (c)(19) category, and your AOS EAD will be under (c)(9) "Pending adjustment of status under Section 245 of the Act" category. Below are sample I-765 and I-131 cover letters for your case (the green colored words are necessary differences from my sample cover letters). I'm also going to assume your AOS case is being processed at the National Benefits Center (your receipt number begins with “MSC”).

On 12/15/2017 at 10:36 PM, TM92 said:

[Street Number and Name]

[City, State ZIP]

 

[Month Day, Year]

 

 

 

 

USCIS

Attn: FBAS

P.O. Box 805887

Chicago, IL 60680-4120

 

 

RE: I-765, Application for Employment Authorization

Applicant: [Applicant's Full Name]

A-Number: [A-Number]

 

 

To Whom It May Concern:

 

I have a pending Adjustment of Status (I-485) application, Receipt #: MSC0000000000. I’m filing my Advance Parole Document (I-131) application concurrently with this request for an Employment Authorization Document (I-765). I filed the I-485 after July 29, 2007, and payed a one-time filing fee. Therefore, as an Adjustment of Status applicant, I am not required to pay additional USCIS fees for this I-765 request.

 

I am enclosing the following documents in support of my application for Employment Authorization:

 

1. Form I-765, Application for Employment Authorization

2. Form G-1145, E-Notification of Application/Petition Acceptance

3. Copy of my current Employment Authorization Document (Front and back)

4. Two identical passport-style color photographs

5. Copy of I-797C, Notice of Action, receipt notice of pending I-485 (Receipt #: MSC0000000000)

 

I am requesting that your office promptly approve my request for an Employment Authorization Document. If you have any questions or concerns, please call me at (000) 000-0000. Thank you for the time taken in this case.

 

Sincerely,

[Applicant's Full Name]

On 12/15/2017 at 10:40 PM, TM92 said:

[Street Number and Name]

[City, State ZIP]

 

[Month Day, Year]

 

 

 

 

USCIS

Attn: FBAS

P.O. Box 805887

Chicago, IL 60680-4120

 

 

RE: I-131, Application for Travel Document

Applicant: [Applicant's Full Name]

A-Number: [A-Number]

 

 

To Whom It May Concern:

 

I have a pending Adjustment of Status (I-485) application, Receipt #: MSC0000000000. I’m filing my Employment Authorization (I-765) application concurrently with this request for an Advance Parole Document (I-131). I filed the I-485 after July 29, 2007, and payed a one-time filing fee. Therefore, as an Adjustment of Status applicant, I am not required to pay additional USCIS fees for this I-131 request.

 

I am enclosing the following documents in support of my application for Advance Parole:

 

1. Form I-131, Application for Travel Document

2. Form G-1145, E-Notification of Application/Petition Acceptance

3. Copy of my current Employment Authorization Document (Front and back)

4. Two identical passport-style color photographs

5. Copy of I-797, Notice of Action, approval notice of current I-765

6. Copy of I-797C, Notice of Action, receipt notice of pending I-485 (Receipt #: MSC0000000000)

 

I am requesting that your office promptly approve my request for an Advance Parole Document. If you have any questions or concerns, please call me at

(000) 000-0000. Thank you for the time taken in this case.

 

Sincerely,

[Applicant's Full Name]

I have read different posts saying that it is not necessary to include passport-style photographs with Form I-131 since two are already submitted with Form I-765 (so your choice).

[speedster 21]

Answering the question above I don't think having the same cover letters is an issue? Or well it shouldn't be because it's just our the person explaining the documents in hand and the situation. 🤔

[TM92 527]

On 1/12/2018 at 8:56 PM, TM92 said:

I received an AOS RFE today. The RFE listed 2 items: evidence of lawful admission or parole into the US and SSA earnings statement showing 40 quarters of work history. I resent a copy of the 9th Circuit Ramirez v. Brown opinion and a copy of my SSA earnings statement. I also sent a cover letter that was pretty much a copy-paste of the AOS cover letter.

On January 17, USCIS (NBC) received my RFIE response. Meanwhile, in March I decided to apply for the last TPS renewal announced by the Secretary of Homeland Security. Based on VJ's EAD estimates (as of today): August 2, 2018 to August 20, 2018 for the last TPS EAD. On April 26, Senator's office contacted USCIS to inquire about EAD/AP status. Today, Senator's office forwarded to me the message they received from USCIS.

Quote

May 7, 2018

 

Dear Mr. ***,

 

I am forwarding on to you the response I have received from U.S. Citizenship and Immigration Services about your case.

 

Quote

Thank you for your inquiry regarding this constituent’s immigration matter. This case is currently within our normal processing times. Our records indicate that we received a response to a request for evidence for the underlying I-485 application on 01/17/2018. Pursuant to 8 CFR § 103.2(b)(10), if USCIS issues a request for initial evidence on either the Form I-765 application or the principal Form I-485 application, the processing timeframes start over from the date of receipt of the initial evidence.

 

I hope that this response is helpful and that the information outlined in it will clarify the situation for you. If you have further questions, or if there is any way my office can help you in the future, I hope you will contact me again.

 

Sincerely,

 

Kamala D. Harris

United States Senator

Based on VJ's EAD estimates (as of today): May 31, 2018 to June 18, 2018 for the AOS EAD

[speedster 21]

@TM92 So are you gonna receive a TPS and AOS EAD? Or USCIS would automatically know which to give?

[ACAZ 0]

On 5/7/2018 at 8:02 PM, TM92 said:

On January 17, USCIS (NBC) received my RFIE response. Meanwhile, in March I decided to apply for the last TPS renewal announced by the Secretary of Homeland Security. Based on VJ's EAD estimates (as of today): August 2, 2018 to August 20, 2018 for the last TPS EAD. On April 26, Senator's office contacted USCIS to inquire about EAD/AP status. Today, Senator's office forwarded to me the message they received from USCIS.

Based on VJ's EAD estimates (as of today): May 31, 2018 to June 18, 2018 for the AOS EAD

Hi, I’m in he same situation. My husband is USC. My pd is 6/2017, so far I’ve gotten 2 RFEs for the same reason. Have you gotten any updates?

[speedster 21]

I just read this which I find pretty interesting related to this topic.

http://blog.cyrusmehta.com/2018/01/potential-adjustment-of-status-options-after-the-termination-of-tps.html

&

http://blog.cyrusmehta.com/2018/01/what-comes-next-potential-relief-options-after-the-termination-of-tps.html