u/Eb2niv

Once TPS was terminated, that person voluntarily departed the United States and returned to their home country without being detained or placed into expedited removal. The person did NOT use the CBP Home/CBP One voluntary departure registration process that DHS was promoting at the time, but still complied by leaving the U.S. voluntarily after TPS ended.

Now the person wants to understand the best legal pathway moving forward.

Questions:

1. If someone leaves voluntarily after TPS termination without accruing unlawful presence bars (or while trying to remain compliant), how difficult is it later to obtain a B1/B2 visitor visa again from a U.S. embassy abroad?

2. How can that person best explain at the embassy that:
   - they complied with the temporary nature of TPS,
   - departed voluntarily,
   - had no immigrant intent at the time,
   - and now only want temporary lawful visits?

3. Would a prior TPS history automatically make consular officers assume immigrant intent under INA 214(b), even if the person departed voluntarily and complied?

4. If the pending/open I-131 remains unresolved in the USCIS system after departure, should that person formally withdraw it, leave it alone, or follow up with USCIS?

5. What legal pathways would realistically remain available in the future if the person eventually wanted to immigrate lawfully to the U.S. permanently?
   Examples:
   - employment sponsorship,
   - EB categories,
   - family petitions,
   - investment visas,
   - student visas,
   - humanitarian pathways,
   etc.

6. Has anyone successfully obtained a visitor visa again after previously holding TPS and then departing voluntarily once TPS ended?

Interested especially in answers from immigration attorneys, former consular officers, or people with direct experience in similar situations.

Context:
- I previously had TPS, but it expired recently (around April 2026).
- I have NOT been detained.
- I already checked EOIR and my case appears in the system.
- My understanding is this first Master Calendar Hearing is mostly administrative/procedural.
- I’m considering filing asylum defensively through the court (I-589) instead of affirmatively with USCIS.

Trying to understand my realistic options BEFORE spending $15k-$20k on attorneys.

Questions:

1. Is there any realistic procedural basis to challenge, terminate, reconsider, or dismiss the NTA in a case like this where TPS existed previously?
2. Has anyone successfully requested VTC/video appearance for Miami Immigration Court master hearings? If yes, what was the process/motion?
3. Is requesting continuance/postponement usually better strategically to prepare a defensive asylum filing?
4. For people who went through defensive asylum after TPS expiration/overstay, what should I be preparing NOW to avoid mistakes later?
5. Any relevant case law, EOIR practice memos, or USCIS/INA provisions worth studying for self-representation at the early stage?

Not looking for “hire a lawyer immediately” one-line answers. I’m already researching INA provisions, EOIR procedures, NTAs, continuances, and defensive asylum mechanics myself. Looking for practical experience and legally grounded guidance from people who actually went through this process or litigated similar cases.