EWI clear with AP, what is my next step?
 

Can someone guide me to a comprehensive guide or links on what forms I need? what documentation. I have DACA and cleared my EWI with AP; I'm also married to USC.

Re: EWI clear with AP, what is my next step?
 

Do you mean just cleared your EWI?

Re: EWI clear with AP, what is my next step?
 

Yes. They just cleared their EWI with AP and is now wanting to move forward with getting a green card.

OP, I'm not quite sure what documents you need to send now. But I do know that first you'll need to have the petition I-130 approved before they start looking at your green card application.

Anyone here wants to list the exact steps to take?

Re: EWI clear with AP, what is my next step?
 

Now that you have been paroled back into the US you can move forward with you Adjustment of Status the forms are:

I-130- $420
I-485- $1070
I-864- No fee
I-765- No fee

Additionally, you will need to get an INS exam done by a doctor who certified to do one google "Civil surgeon USCIS" and it should take you to the USCIS website where itll ask you to put your zip code and give you a list of the ones nearest to you. Please keep in mind that this exam will be given to you sealed and you will send it SEALED DO NOT OPEN IT, also it is only good for 6 months so i suggest you get it done right before you are ready to send your packet.

Along with your applications you will need to provide evidence that your marriage is in good faith and not just to fix your status, evidence we usually send are : Bills in both names, Bank statement in both names, photos of you guys as a couple and with each others families, wedding photos and any other doc that you may think fitting.

I-864 will also need docs but thats just way to much to explain right now... hope this helps.

Re: EWI clear with AP, what is my next step?
 

Just a question on the application for advance parole it ask about admission what do you put if you ewi. I'm confused on that part

Re: EWI clear with AP, what is my next step?
 

I put EWI

Re: EWI clear with AP, what is my next step?
 

Thanks, I actually just came back to houston tx yesterday night. Immigration took me to another room in the airport and stamped my Parole letter but they didn't give me an I-94. But when I checked dhs.gov when site ( https://i94.cbp.dhs.gov/I94/request.html ) I'm able to retrieve the I-94.

Heres the stamp CBP put on my AP letter:
http://i.imgur.com/Fp32HRUl.jpg

Online I-94 http://i.imgur.com/njteCZel.png

Would you recommend me to fill those forms by myself, or a lawyer?
I would really like to fill those forms.

thanks.

Re: EWI clear with AP, what is my next step?
 

Unless someone was here on a student visa and got married here, I always recommend getting a lawyer. Yeah it's going to cost you a couple of grand, but it's worth the good night's sleep you get knowing there wasn't a costly mistake made.

Re: EWI clear with AP, what is my next step?
 

Yep time 2! I can recommend an attorney in the Houston area.

Re: EWI clear with AP, what is my next step?
 

So, it sounds AP doesn't really clear EWI. Thats interesting. I'll be more than happy if you can recomend me a lawyer. I'm planing to summit those forms by the middle of next month.

Re: EWI clear with AP, what is my next step?
 

It does clear the EWI so you won't have to leave the US to process your green card.

EDIT: Plus, it clears any unlawful presence that you have accrued.

Re: EWI clear with AP, what is my next step?
 

Actually this is incorrect, Read up on matter of arrabally and yerrabelly, you have been lawfully admitted to the US therefore, no need to filed the I601 which is a waiver of a number of things including unlawful presence when you have never been admitted, but with the AP you have.

Re: EWI clear with AP, what is my next step?
 

Check this out, been doing some research myself.
I'd love to hear the update on your case, and good luck!
I'm married to USC and would be great if AP would help my EWI.

http://www.visajourney.com/content/i130guide1

http://immigrate2us.net/forum/showth...=1#post1080334

Re: EWI clear with AP, what is my next step?
 

I found this link useful: https://cliniclegal.org/resources/ar...aca-recipients

So far i talked to 2 attorneys and they both agreed that AP clears my EWI and that I can adjust my status without leaving the country. However, one attorney advised me to wait 60 days before submitting I-130 because they might deny it for the reason that I took AP to clear my EWI and not for humanitarian cause. They also mentioned that depending on the adjudicator, they might ask for a waiver for the time I accrued unlawful status before they granted me DACA and traveled with AP. In this case, I can appeal the case to Administrative Appeals Office and, if everything goes as the attorney said, they can hold the the matter of Arrabally and Yerrabelly in my favor. I ll probably see one o two more lawyers before I make my mind how I want to proceed and if I need a lawyer. I just don't want a pay too much because I feel my case is not that complicated but I'll let you know guys how it goes.

Re: EWI clear with AP, what is my next step?
 

I get what the attorney is saying, but I don't think USCIS will make you jump through hoops if entered legally. Unlawful presence is forgiven if the petitioner is a US citizen.

Re: EWI clear with AP, what is my next step?
 

Not automatically, if you're a visa overstay, you would have to file the I-601 for both unlawful presence and/or illegal employment.

For those who EWI and get AP, once back in the US, they are considered to be lawfully present and under a status for purposes of Adjustment of Status.

Re: EWI clear with AP, what is my next step?
 

No, you do not need a I601 if you are a visa overstayed. You will adjust normally if you are just a visa overstayed and you do not need to file a waiver for working in the US unlawfully...

I-601 waiver to is waive unlawful presence if you have NEVER been lawfully admitted to the US, it also waives criminal convictions like POM (poss. of marijuana) among others.

Re: EWI clear with AP, what is my next step?
 

The unlawful presence was erased by lawfully being admitted to the US, not by the petitioner being a USC. On the other hand, you can ONLY adjust status if the petitioner is a USC and not a lawful permanent resident.

Re: EWI clear with AP, what is my next step?
 

I wouldnt wait the 60 days, because right now its taking USCIS 6 months to even adjudicate the petition. So file it soon and by the time your interview appt comes up time has already passed.

Re: EWI clear with AP, what is my next step?
 

I have a question, hopefully someone could help me. I'm just waiting for a letter from Mexico from my ill grandmother so I can apply for AP. Upon my return I hope to be able to clear my EWI and be able to adjust my status via marriage (been married to USC for 2 years) question is by the time I get AP approved and I travel will be around the same time I have to apply to renew DACA (Expires April 30, 2015) so I have to renew around December. Should I wait to start the process of AOS until I renew and get approved with DACA? I'm afraid of submitting AOS and then DACA, might make a confusion? Any thoughts?