You don’t seem to realize the devil is in the details (like the saying goes) when it comes to immigration related matters. If I was charging you $250 to $350 for a 15 to 30 minutes consultation per session, will you be using the session to ask hypothetical questions? I don’t think so.
I consider speculating or answering hypothetical questions a complete waste of time (of both mine and that of the person asking), that is why I do not entertain such. Don’t ask me questions like “now my TPS is approved” when your TPS approval is still pending as a matter of fact. I ask you to kindly respect my time by not presenting hypothetical scenarios to me and asking me to respond to such as factual.
Dear Sm1smom,
I truly appreciate the support from you Sm1smom. Once, I mentioned that your support is priceless because even with payment, I could never receive such valuable assistance.
However, today I believe I was misunderstood due to the way I asked my questions. English is my second language, and I struggle to express my questions clearly, which might have led to the misunderstanding. My apologies.
I have mentioned that I have been approved for TPS to make the story and question short because my main question is about being considered out of status (OOS) between the period of TPS application and approval considering TPS applied while in B2 visa Status but approved while visa expires .
I will rephrase my question again.
When I asked:
"
If USCIS approves my TPS after May, which is after my B2 visa expires, let's say around October 2024, and I applied for TPS while still in status, will the time from May to October (the duration between TPS application and TPS approval) be considered as a status gap (period of being out of status)?"
You replied mentioning that it would be considered an OOS period, but the information below seems to suggest otherwise. Am I wrong?
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Extension of Stay or Change of Status
A noncitizen may file an adjustment application after the expiration of their nonimmigrant status while their timely-filed EOS or COS application is pending. In such cases, the officer should defer adjudication of the adjustment application until USCIS adjudicates the EOS or COS application, as long as there are no other grounds for denial.
If USCIS ultimately approves the EOS or COS application, then the noncitizen is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the noncitizen is generally considered to be in unlawful immigration status as of the expiration of their current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply unless an exemption is available.
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in other official reference as well it states
Volume 7, Part B, Chapter 2, Section A (Authorized Periods of Stay):
"USCIS considers an applicant for Temporary Protected Status (TPS) to be in a period of authorized stay while the application is pending."
Code of Federal Regulations (CFR)
8 CFR § 244.10 - Temporary Protected Status
The CFR clearly states that an alien with a pending TPS application is considered to be in a period of authorized stay.
8 CFR § 244.10(f)(2):
"During the period in which a registration for Temporary Protected Status is pending, an alien shall not be deemed to be unlawfully present in the United States."
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Once again, I apologize for any disappointment I caused and please comment on this
Thank you.