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DAP Forums > DREAM Act > The Lounge

TPS and DACA

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#1
12-13-2016, 01:21 PM
Junior Member
Joined in Dec 2016
3 posts
dreamer00
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Hi
I received my initial DACA 4 years ago and currently it is valid until dec 2017.
I am from Nepal and I have also recently been approved for TPS. I did not file EAD for TPS because DACA EAD is valid until dec 2017.

Few question - Does TPS cancel DACA?
According to USCIS eligibility requirement "Had no lawful status on June 15, 2012;" Which I did not.

If I put a check mark on all the quota they list for eligibility I would still be eligible.

Then again it does state
Q18: Can I request consideration of DACA under this process if I am currently in a nonimmigrant status (e.g. F-1, E-2, H-4) or have Temporary Protected Status (TPS)?
A18: No. You can only request consideration of DACA under this process if you currently have no immigration status and were not in any lawful status on June 15, 2012.

Now its time for me to reapply for TPS. Should I apply for EAD via TPS? Should I reapply for DACA at the end of 2017? Because DACA EAD last twice as long vs TPS which would save a few hundred dollars as well.
Also if in the future they release some kind of benefit stating "Had no lawful status on (date here)" I would not qualify because of my TPS but if I was still part of DACA I would qualify.

Also I have a removal order from 2007 and i've heard (not sure if it is true) that you no longer need to prove extreme hardship if your removal order is more then 10 years old. Also another DACA member confirmed he was able to re-enter with AP with out having to re-open and admin close / terminate his deportation order but his deportation order was from 2003.

Do we know anyone that has re-entered the county while having a deportation order?


Lot of moving parts I know... Any thoughts?
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#2
12-13-2016, 01:31 PM
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at this point I'd take tps over daca as daca seems to be on the chopping block.
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#3
12-13-2016, 01:43 PM
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Crilly
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Quote:
Originally Posted by Dres2011 View Post
at this point I'd take tps over daca as daca seems to be on the chopping block.
Dres, that has nothing to do with what OP asked. Everything will be fine.
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#4
12-13-2016, 03:20 PM
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Pianoswithoutfaith's Avatar
Pianoswithoutfaith
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Dress can post what he wants chyno. And I agree with Dress. Having TSP apparently a much better thing than daca seeing how congress renews tPs every year
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Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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#5
12-13-2016, 03:36 PM
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Crilly
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Quote:
Originally Posted by dreamer00 View Post
Hi
I received my initial DACA 4 years ago and currently it is valid until dec 2017.
I am from Nepal and I have also recently been approved for TPS. I did not file EAD for TPS because DACA EAD is valid until dec 2017.

Few question - Does TPS cancel DACA?
According to USCIS eligibility requirement "Had no lawful status on June 15, 2012;" Which I did not.

If I put a check mark on all the quota they list for eligibility I would still be eligible.

Then again it does state
Q18: Can I request consideration of DACA under this process if I am currently in a nonimmigrant status (e.g. F-1, E-2, H-4) or have Temporary Protected Status (TPS)?
A18: No. You can only request consideration of DACA under this process if you currently have no immigration status and were not in any lawful status on June 15, 2012.

Now its time for me to reapply for TPS. Should I apply for EAD via TPS? Should I reapply for DACA at the end of 2017? Because DACA EAD last twice as long vs TPS which would save a few hundred dollars as well.
Also if in the future they release some kind of benefit stating "Had no lawful status on (date here)" I would not qualify because of my TPS but if I was still part of DACA I would qualify.

Also I have a removal order from 2007 and i've heard (not sure if it is true) that you no longer need to prove extreme hardship if your removal order is more then 10 years old. Also another DACA member confirmed he was able to re-enter with AP with out having to re-open and admin close / terminate his deportation order but his deportation order was from 2003.

Do we know anyone that has re-entered the county while having a deportation order?


Lot of moving parts I know... Any thoughts?
Seems very complex. I would wait until Trump takes office and see what his plan will be.
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#6
12-13-2016, 05:31 PM
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Joined in May 2006
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Ianus's Avatar
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Quote:
Originally Posted by dreamer00 View Post
Hi
I received my initial DACA 4 years ago and currently it is valid until dec 2017.
I am from Nepal and I have also recently been approved for TPS. I did not file EAD for TPS because DACA EAD is valid until dec 2017.

Few question - Does TPS cancel DACA?
According to USCIS eligibility requirement "Had no lawful status on June 15, 2012;" Which I did not.

If I put a check mark on all the quota they list for eligibility I would still be eligible.

Then again it does state
Q18: Can I request consideration of DACA under this process if I am currently in a nonimmigrant status (e.g. F-1, E-2, H-4) or have Temporary Protected Status (TPS)?
A18: No. You can only request consideration of DACA under this process if you currently have no immigration status and were not in any lawful status on June 15, 2012.

Now its time for me to reapply for TPS. Should I apply for EAD via TPS? Should I reapply for DACA at the end of 2017? Because DACA EAD last twice as long vs TPS which would save a few hundred dollars as well.
Also if in the future they release some kind of benefit stating "Had no lawful status on (date here)" I would not qualify because of my TPS but if I was still part of DACA I would qualify.

Also I have a removal order from 2007 and i've heard (not sure if it is true) that you no longer need to prove extreme hardship if your removal order is more then 10 years old. Also another DACA member confirmed he was able to re-enter with AP with out having to re-open and admin close / terminate his deportation order but his deportation order was from 2003.

Do we know anyone that has re-entered the county while having a deportation order?


Lot of moving parts I know... Any thoughts?
Don't mind the parts...look for the mechanics of how it works, then it unravels! This could help!
Quote:
However, registration for TPS does not prevent you from:

Applying for non-immigrant status
Filing for adjustment of status based on an immigrant petition
Applying for any other immigration benefit or protection for which you may be eligible
On the removal order, that is complete and utter BS!!!! It is simply not true. It is not easy to get rid of removal order, deportation orders or proceedings unless there is a benefit immediately available and the relevant authorities have stated they are not coming after you ON PAPER!!!!

Do not focus on what may be unique to another person's case that may be applicable to yours, unless of course it is exactly the same. One of the biggest mistakes I see here consistently. Traveling while having a removal order/proceedings or a deportation order is NOT recommended!!!!
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#7
12-13-2016, 07:31 PM
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No wonder why demise had such a hard time I never realize how pain in the ass removal orders are
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Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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#8
12-13-2016, 08:55 PM
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Crilly
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Quote:
Originally Posted by Pianoswithoutfaith View Post
No wonder why demise had such a hard time I never realize how pain in the ass removal orders are
I have a feeling that whatever trump will propose will make it even harder for people with removal orders.
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#9
12-14-2016, 09:03 AM
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gio957
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TPS holders should be nervous too, as Trump can cancel this supposedly temporary program also. But like others have said, just wait and see what Trump does.
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#10
12-14-2016, 09:23 AM
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Quote:
Originally Posted by gio957 View Post
TPS holders should be nervous too, as Trump can cancel this supposedly temporary program also. But like others have said, just wait and see what Trump does.
Trump can't do because TPS was something passed by congress
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Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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