TPS and Waivers

I am taking TPS cases for a very reasonable rate.  If you have a prior deportation or asylum case do not apply for TPS without understanding the possible risks.

Many types of inadmissibility can be waived when applying for TPS. However, such a waiver will not “cure” inadmissibility for other purposes, such as a later adjustment through a spouse. It is important you consult with an attorney before you enter into TPS to understand the risks you may face later if you are inadmissible. Some things are still not waive-able. TPS is especially harsh against past crimes.

TPS applicants can file I-601 waivers based on humanitarian or family unity grounds. The I-601 can be waived for inadmissibility such as: unlawful presence over 180 days/one year (note, not necessary unless you have already triggered this bar), entering without inspection – even more than once or after removal, misrepresentation, and other grounds.  The I-601 cannot be filed for these inadmissibility grounds:

Crimes under INA 212 (a)(2)(A), (B) or (C) (except for a single offense of simple possession of 30 grams or less of marijuana) Note, convictions of any felony or even just two misdemeanors make one ineligible for TPS.

Terrorism or other threats to national security 212(a)(3)(A), (B), (C), or (E).

NEW RULES ON FILING I-601S IN COUNTRY

Beginning 1/27/2010, the following filing location changes are in effect for applicants located in the United States:

Applicants who a) have an approved Form I-360 based as a Self-petitioning spouse or child of an abusive U.S. Citizen or Lawful Permanent Resident, or b) are a T nonimmigrant seeking adjustment of status, and who are filing Form I-601, must file their application at the USCIS Vermont Service Center;

USCIS Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001.

Applicants who are filing Form I-601 together with Form I-485, Application to Register Permanent Residence or Adjust Status, must file the I-485 and the I-601 at the filing location specified on the Form I-485 instructions.

Applicants who have a pending Form I-485 must file Form I-601 with a USCIS Lockbox facility, based on the first 3 letters in their application receipt number. Detailed guidance can be found in updated Form I-601 instructions as well as at www.uscis.gov.  Applicants must include a copy of the I-797C, Notice of Action, showing that their Form I-485 was accepted.

Applicants for Temporary Protected Status (TPS) under the Immigration and Nationality Act Section 244, must file Form I-601 with Form I-821, Application for Temporary Protected Status. Consult the applicable Federal Register notice for the applicant’s country’s TPS designation.

Individuals in removal proceedings, must file Form I-601 with the Executive Office for Immigration Review (EOIR) office with jurisdiction over your case and according to the instructions that are provided to the individual in court.

USCIS Offices will forward incorrectly filed I-601 applications to the USCIS Lockbox facilities for 30 days, until 2/27/2010.  After that, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.

Applicants located outside of the United States will continue to file their Form I-601 with the U.S. Embassy or consulate where they are applying for a visa.

When filing Form I-601 at a Lockbox facility, applicants may elect to receive an email and/or text message notifying them that USCIS has accepted their applications.  To receive notification, the applicant must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of the application.

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