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r/immigration – Filling TPS 821 and 765 EAD together, What eligibility category to select?


As the question states, I am applying under the new TPS for Venezuelans, however, I am unsure into which eligibility category the application falls into (a) (12) or (c) (9), can anyone advise? I am submitting both applications at the same time.

Now the following is the extract of the 765 instruction form:

Temporary Protected Status (TPS)–(a)(12) and (c)(19). File Form I-765 with your Form I-821, Application for Temporary Protected Status, or evidence that we accepted or approved your initial Form I-821. Include evidence of your nationality and identity as required by the Form I-821 Instructions. If an EOIR IJ or the Board of Immigration Appeals (BIA) granted TPS, and you are requesting your first EAD or are re-registering for the first time, you must submit a copy of the EOIR IJ or BIA order that granted TPS with your Form I-765 (such as a copy of your Form I-821 that the EOIR IJ or BIA approved). You must also follow the instructions for filing your application as described in the most recent TPS Federal Register notice regarding a TPS designation, re-designation, or extension for your country. Please check the USCIS website at www.uscis.gov/tps for procedures to register or re-register for TPS, including obtaining an EAD, if your country has been designated for TPS. Form I-765 Instructions 08/25/20 of 31 If your non-expired TPS EAD is lost, stolen, or damaged, file Form I-765 with required fees to request a replacement. Include a copy of your approval notice for TPS (if you have been approved) or a copy of your previous Form I-797 Notice for Form I-821 if your TPS application is still pending.
A. Category (a)(12) EAD: We may issue you a category (a)(12) EAD if your TPS application was approved, you requested an EAD, and you were not previously issued a category (c)(19) EAD that runs through the current TPS designation, re-designation, or extension period for your country. Re-registration for TPS: File your Form I-765, Form I-821, and a letter indicating that this application is for TPS re-registration. Include a copy (front and back) of your last available TPS document (for example, an EAD, Form I-94, passport, or travel document, or a Form I-797 Notice). NOTE: To re-register for TPS, you must file Form I-821; however, you do not need to file Form I-765 if you do not want an EAD.
B. Category (c)(19) EAD: A category (c)(19) EAD is a temporary benefit under TPS under 8 CFR Part 244. We may issue you a category (c)(19) EAD if you have a pending Form I-821, and you are prima facie eligible for TPS.

This is the first time applying. Any assistance is greatly appreciated!



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