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#5
10-01-2012, 08:05 PM
Senior Member
From MA
Joined in Apr 2010
1,069 posts
circasurvive
This is an interesting thought however:

Section (4)(d)(2) is a special rule for those granted reprieve under TPS. It states

Quote:
In the case of an alien whose permanent resident status on a conditional basis expires [because 6 years has passed and your status has not been renewed] or is terminated [because you were dishonorably discharged, or fail to hold good moral character, or you commit a serious crime] or whose application for such status is denied and who had temporary protected status immediately prior to receiving or applying for such status, as appropriate, the alien may not return to temporary protected status if--
then it goes on to list why you wouldn't re-qualify for TPS:
Quote:
The relevant designation under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been terminated; or

(B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for temporary protected status.
244(b) lists the designations of why you would even qualify for TPS (earthquakes, wars, etc). If those designations no longer apply to you, it seems as though you would return to being "undocumented".

I'd like to see how they deal with this for other 821 applicants, like us DACA applicants. Seems like a bit of a gray area.
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Last edited by circasurvive; 10-01-2012 at 08:36 PM..
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