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Complicated — DED to TPS? EAD now or wait?

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Hi all,

 

Long time lurker, first time poster. Posting on behalf of my mother in law. She is a Lebanese national who came to visit us in June of this year. While she was here, the Biden admin put out a DED executive order, protecting her from deportation and allowing her apply for an EAD once entered into the federal register (which happened today). Yesterday, DHS announced that Lebanon citizens in the US will be able to apply for TPS status in a few weeks (once *that* is entered into the federal register). Two main questions:

 

1. She can apply for an EAD under DED starting today. Is there any reason why she should wait to apply for an EAD until she can apply for it under TPS? Will it get complicated if she has the EAD already pending when she applies for TPS?

 

2. She doesn’t have a job or really any belongings with her, and has been living with my sister-in-law (not paying rent), and just applied for Medicaid but has not yet been approved. What is required to show that she has extreme financial hardship in order to get a fee waiver? Is it worth risking the fee waiver if that will delay the application more broadly?

 

apologies if this is in the wrong section, or if there are typos — using my phone for this. Thank you!

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Filed: K-1 Visa Country: Wales
Timeline

As a generally rule of thumb you apply for everything you can so definitely TPS.

 

Also a generally comment fee waivers seem to delay matters, so depends on how important you consider this.

 

The T in TPS is temporary and I assume at some point it will go away, what is the long term plan? Is your spouse a USC? Mind you I also I have seen TPS as being described as about as Permanent as you can get.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 minute ago, Boiler said:

As a generally rule of thumb you apply for everything you can so definitely TPS.

 

Also a generally comment fee waivers seem to delay matters, so depends on how important you consider this.

 

The T in TPS is temporary and I assume at some point it will go away, what is the long term plan? Is your spouse a USC? Mind you I also I have seen TPS as being described as about as Permanent as you can get.

 

 


thanks for your comment. Fee waiver would be nice but ultimately we’re able to pay the fee if there’s too much risk/delay with the waiver.

 

the DED is 18 months starting July 2024, so it goes until Jan 2026. I am assuming TPS will also be 18 months, starting now, so that would end in April 2024.

 

 my spouse has a green card, just applied for ROC. He is able to do his N400 on the three year rule in October 2025, so it’s possible he will be wrapping up the immigration process around the same time that TPS ends (unless it’s extended).
 

So you’re saying it’s worth applying for the EAD now under the DED, correct?

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Filed: K-1 Visa Country: Wales
Timeline

I am not familiar with DED, there than the basics. Presumably TPS allows you to apply for EAD at the same time so that may be the best bet.

 

Does DED give more benefits than TPS?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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