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-   -   Another thread on Advance Parole (http://dreamact.info/forum/showthread.php?t=43217)

YouMaySayImADreamer 04-05-2013 06:03 PM

Another thread on Advance Parole
 
Dreamers,

I have read just about every thread on this forum, in particular the ones discussing Advance Parole. Now I would like to ask everyone's personal opinion before making a decision that could basically change the course of my life.

First, a little background info: I came to the US at 15 with a tourist visa. I was here 11 years out of status when I got approved for DACA. My siblings are citizens through marriage and my parents permanent residents. I am the only undocumented person in my family.

I never in a million years thought I would ever consider leaving the country with CIR so close to passing. But how many family members will I have to lose while I wait for the US govt to finally accept me as a resident of this country? I have already lost 2 grandparents while I was away. Now my other grandfather, who happens to be like a second father to me is 83. He has undergone two cancer treatments in the last 7 years and as a result his heart and kidney are very compromised. August will mark his and my grandmother's 60th wedding anniversary and I am afraid it could be their last. I need to be granted AP so that I can see them again. I have doctor's notes stating the seriousness of his condition and copies of past exams.

I've consulted with a few lawyers about this and they seem to have different opinions. Katy Chavez, who has been a major help to all dreamers on facebook by giving free advice about anything DACA told me she thinks as long as I dont have a previous order of deportation I should be safe. My lawyer here in Hawaii didn't know much about the Arrabelly case and after doing some research advised me that it would be way too risky. I am waiting to hear back from a third lawyer who is also supposed to be researching the topic.

I understand that there will always be a risk and that I will never be able to leave with the guarantee that I will be allowed back in until I become a permanent resident. But what would the process entail? Will they be more inclined to let me in based on the things I have going for me? I can get a letter of recommendation from a U.S. Senator, as well as many prestigious community and religious leaders from the area. I can show that I am enrolled in school and fully employed. Would any of that matter at all? If they deny me at CBP will I automatically be deported and barred for 10 yrs or will I be able to fight in court? Also, I've just booked an appt at USCIS for next monday to ask these questions, but can I trust information I get from a USCIS officer as opposed to their phone agents (they've given me so much false information before)? Have you guys heard of more cases (other than the Mexican girl who had a USC husband and son) of Dreamers who left and came back successfully? Last but not least, do we have any idea when they're supposed to come out with the i131 form that is specific for DACA?

Sorry for the lengthy first post!!!!!

Pianoswithoutfaith 04-05-2013 10:33 PM

Re: Another thread on Advance Parole
 
Outside of that Mexican girl, we have not heard of anything regarding AP, she seems like the only person so far who shared about her experience here on the site. I would seriously considering staying here at least until the end of the year then consider AP. A CIR could be like DACA and require a specific date of being here. However, seeing you did not entered with out inspection it might be easier for you.

Tortoise77 04-05-2013 11:28 PM

Re: Another thread on Advance Parole
 
Go for it. I dont see why they would deny you. Are you a public threat? Terrorist? Criminal? Drug lord? No? Then you are ok. Many people with temporary protective status like salvadorians travel with advanced parole with success. I dont see why it would be different for you or DACA granted beneficiaries.

YouMaySayImADreamer 04-06-2013 05:55 AM

Re: Another thread on Advance Parole
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 454992)
A CIR could be like DACA and require a specific date of being here.

Good point, I'm scared of that too.

I was re-reading the e-mail my lawyer sent me and one thing caught my eye

Quote:

It is not 100% clear that the reasoning in the Arrabelly case will apply to those with DACA advance parole. The BIA case dealt with applicants for adjustment of status traveling on advance parole, not DACA applicants.

In the days before the Arrabelly case, people with advance parole would be allowed back into the US, but their departure from the US triggered the unlawful presence bar, and the huge problem would occur when they went to their adjustment of status interviews and their adjustment would be denied. I personally saw this happen to people, and we had to get a waiver for one woman who left on advance parole without the advice of an attorney.

I cannot guarantee that it is safe to travel on advance parole for you. There are some people who have been granted DACA who would be safe to travel with advance parole because they were under 18 and thus did not accrue unlawful presence. From what you have told me, you are well over 18 and thus did accrue more than a year of unlawful presence. Since the Arrabelly/Yarabelly case, people are attempting to interpret the case broadly and to apply it in other contexts outside of adjustment of status, but the answer is not clear.

Sorry I cannot give you a black and white answer. The safest thing to do would be not to travel.
So they do let you in and the problem occurs when it comes time to adjust status? Does anybody know anyone that got denied and turned around at the border? I just would feel a lot better if I could do damage control once I was already back in the country. If CIR passes I just can't see them denying me a green card because I left the country to visit an ailing relative.

Pianoswithoutfaith 04-06-2013 12:23 PM

Re: Another thread on Advance Parole
 
Well they did this FAQ thing and they said as long the thing you have is unlawful presence before daca you should fine. But if you ewi and that it could complicate things

MIdreamer 04-06-2013 12:52 PM

Re: Another thread on Advance Parole
 
There are simply not enough known information about AP right now. We don't have a known case of AP for DACAer and USCIS is still lacking some important information, there isn't even an applicant for us yet. At this point, I don't suggest people leaving U.S. unless it's absolutely necessary and are ready to accept whatever the outcome is.

Btw, do you mind telling us what country you are from and if you are EWI or not?

Happyman0607 04-06-2013 01:25 PM

Re: Another thread on Advance Parole
 
I would just wait.. Last thing you want is for CIR to pass and you be out of the country while it happens then somehow there's some bs must be present on this day and then you're screwed

YouMaySayImADreamer 04-06-2013 01:45 PM

Re: Another thread on Advance Parole
 
Quote:

Originally Posted by MIdreamer (Post 455151)
Btw, do you mind telling us what country you are from and if you are EWI or not?

I'm from Brazil and I'm an overstayer.


I'm grasping at straws here but what if I applied for a green card through my siblings? I know it takes forever and it's just not worth it but if I did then wouldn't I now be an applicant for adjustment of status, therefore in the same exact situation as the people in Arrabelly?

MIdreamer 04-06-2013 04:11 PM

Re: Another thread on Advance Parole
 
Quote:

Originally Posted by YouMaySayImADreamer (Post 455165)
I'm from Brazil and I'm an overstayer.


I'm grasping at straws here but what if I applied for a green card through my siblings? I know it takes forever and it's just not worth it but if I did then wouldn't I now be an applicant for adjustment of status, therefore in the same exact situation as the people in Arrabelly?

No, because you overstayed your visa and you are subject to the 10 year ban. In my opinion, this is not a good time to leave. With CIR being so close and reachable, the risky is too high in my opinion. Think about it, do you think your grandfather would want you to risk your future?

YouMaySayImADreamer 04-09-2013 01:39 AM

Re: Another thread on Advance Parole
 
So back from my appointment with the local USCIS office. The officer that helped me was really really nice which was a nice surprise. She told me because it's a temporary measure USCIS did not want to dedicate funds to training local personnel in regards to DACA so only the service centers would have information about our specific case. With that said she said her interpretation of what is written on the USCIS website regarding AP for DACA is that I would NOT trigger the ban but to be safe she advised me to call the 1800 number and request to speak to a higher officer. Of course I did that as soon as I left the building and after insisting with the phone operator for 20 minutes to transfer me up, I finally got to speak to an Immigration officer (well, after being put on hold for another 60 minutes). He assured me that it was 100% safe to travel with AP as long as I can present my AP approval letter and a note from my grandfather's physician describing his condition and the seriousness of it. I asked several times how risky it would be and he insisted I would be fine. I also asked about the new form they are supposed to be drafting specifically for DACA but he said right now it's on hold and he GUARANTEED me nothing would come out for at least another 3 months.

I am more confused than ever. He told me everything I want to hear but is it really safe to trust this information? I don't know. I don't think they would deliberately lie like that and he sounded SO certain. At this point I have decided I will go ahead and apply for AP and hope that when it comes time to travel someone will have already gone through the process successfully. Otherwise, I will be facing a huge dilemma. Either way, I might not even get approved so worrying about it now is kind of pointless (though inevitable). I will try to document the entire process and post about it here for you guys' information. Wish me luck!!!!!


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