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Re: DACA applicant married to US Citizen or Permanent Resident
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Re: DACA applicant married to US Citizen or Permanent Resident
That's good then, I guess it's best to wait, since by then there may or may not be Immigration Reform in place, & at least you started the DACA process. It sucks anything to do with immigration involves so much waiting
With Advance Parole, the risk is that USCIS states this: "Leaving the United States, even with an Advance Parole Document, may impact your ability to return to the United States." So they're basically saying, 'we may give you advance parole & allow you to travel, but we might change our mind & not let you back in' .. So what happens is, when returning to the US, an officer at the port of entry (airport, etc) can review your entire case right there on the spot, & decide that even though you have AP, because you were here without status for x years, they won't let you enter. And that's it, you're stuck outside, no chance for 'review' or anything. And then people wonder how the immigration system is broken.. |
Re: DACA applicant married to US Citizen or Permanent Resident
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Re: DACA applicant married to US Citizen or Permanent Resident
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http://boxethlaw.com/2013/03/much-ne...reviving-245i/ |
Re: DACA applicant married to US Citizen or Permanent Resident
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It isn't up to USCIS on if to allow you in or not but Customs and Border Patrol.If however USCIS were to reject the travel authorization while you're abroad that would be a different monster altogether,but I've never heard of that happening.I've even heard of CBP allowing an individual who had an unexecuted removal order return to the US with AP that had TPS to return to so it seems as long as USCIS approves the paperwork you're good to go for the finite period they allow you to fly. Quote:
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Congress has the authorization to make the undocumented US citizens or whatever status they see fit without re-authorizing 245i again.I don't currently think there is any chance right now of the Congress renewing 245i if the whole point of CIR is to,"End illegal immigration". |
Re: DACA applicant married to US Citizen or Permanent Resident
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Re: DACA applicant married to US Citizen or Permanent Resident
DACA Recipient - My name is Daisy and the loophole works. Here's my timeline and story
Illegal immigrant to Green Card Holder through Marriage Dec. 19, 2004- Crossed the Mexico-USA border with a coyote #Illegally (9 years old) Sept. 9, 2012- Became a DACA recipient #ThanksObama Dec. 24, 2013- Became engaged to USC Dec. 4, 2014- Married USC During March 2015 My husband and I spoke to several immigration lawyers but they all told me I was not able to file for a green card with-in US borders because of my illegal entry, back in 2004. So I had to travel to my native country, Honduras, to do so. I did not like the idea because I was afraid it could be denied and I would never be able to come back into the USA. Also, we had a 3 month old baby. My lawyer recommended to travel with my Daca and Advance parole. Entry into the USA with AP&DACA is not guaranteed so I was uneasy about traveling. She said I wouldn't have any issues being paroled back in because I wasn't a criminal or a threat to the community. July 3 2015- Husband filed I-130(Family Petition) Nov. 8, 2015- Filed I-131(Advance Parole) for family reasons, my brother was having back surgery. Dec. 2, 2015- Received I-131 Approval Letter. I-131 was granted (Dec. 15, 2015-Jan. 2, 2016) Dec. 18, 2015- Traveled to Honduras with DACA AND Advance parole. Dec. 26, 2015- Came back to Miami Fl. from our week long trip. I gave the officer my IDs, passport, advance parole letters, and my DACA. My husband and I were taken into a little room, others were also waiting. It took almost 30 minutes, we weren't asked anything. Another officer called my named, stamped my AP and said have a nice day. I was so relieved. Feb. 23, 2016- Mailed out I-485, I-765, I-131 Mar. 1, 2016- I received receipt letters for all three applications. Mar. 15 , 2016- Received Fingerprint appointment letter. Apr. 3- Got fingerprints done at the USCIS (Miami Field Office) May 4, 2016- Received I-765 and I-131. (Employment and AP card) while I-485 interview is pending. Oct. 13 interview scheduled for nov. 16, 2016 Oct. 17 interview cancelled due to "unforeseen circumstances"- probably the elections. Oct.25 interview rescheduled for Dec. 13 in Miami Dade USCIS offices. Dec. 13- my husband, the kids and I all went to the interview with my lawyer. The officer called us in for the interview but gladly it wasn't much of an interview. He asked me to raise my right hand and swear not to lie etc. he reviewed all of my documents and started talking about his family. I was a little nervous but he was super kind and made me feel comfortable. I was lucky to get such a nice officer, I guess. He said "your green card application has been approved, it should arrive in 2 to 6 weeks". We were stoked! We cheered said thank you and hugged. I wanted to cry. He didn't even ask me one question. Maybe because there was no doubt out marriage was a set up. I received my card right before Christmas 2016 which is also my birthday and I was just cried. All of my life I thought this moment would never come but it finally did. It took a lot of time and money but that loophole works. |
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