Hello, I'm applying for TPS and they require to fill the EAD form I-765, but I'm an overstayed F-1 visa student and there's no enough explanation on what to fill #15 and #16:
#15: Current Immigration Status
#16: Eligibility Category
I didn't find any category for an overstayed visa, there's a category for a granted TPS but I was not granted yet, I'm filing this form with the TPS application.
Q. 15: Simply type in "out of status."
Q. 16: either (c) (12) or (c) (19) - read the Form's instructions. Note that even if you type in the wrong eligibility category, it won't really matter, your application will not be "rejected" or "denied" for it, USCIS will easily figure it out themselves.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your status if F-1 overstay or none. The I-765 is filed with a TPS application (You indicate it is an initial filing and either apply under (a)(12) or (c) (19) depending on the regulation under which you are applying (Sec. 244 or 244.5.).
#15 - F-1 (overstay); or F-1 (no longer in school)
# 16 - c19
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