Greencard after AP- NONDACA
 

Let’s say you are an aged out dreamer or someone not eligible for DACA. Can you apply for A greencard through family, apply for AP while your greencard is pending, travel outside the country come back and clear your EWI?

Isn’t it using the same loophole that people use with DACA/TPS to clear EWI? Why or why not would it work?

Re: Greencard after AP- NONDACA
 

You would have to severely muddy the waters in order for this to go through. Like claim 245(i) coverage and provide enough evidence to throw this from no to a "eh, maybe, I don't know? Our Senior adjudicator John will need to look at this", like had your parent but not you to get sponsored as an IR way back when. They do a first glance over of your AOS application if you are just not eligible and there's no question to that then you'll never get the AP.

Lets say that this would go through, then yes you could use this AP entry for a subsequent AOS application, this one would definitely get denied, so you should just withdraw and refile.

Note that AP only works for cleaning an EWI, you'd still need to adjust as an immediate relative or some other special category where EWI is a factor but overstay isn't.

Re: Greencard after AP- NONDACA
 

How do you apply for AP without DACA? Just applying for GC don’t grant you any status. You will have to apply for 601A, me and a few members with EWI of this forum have successfully done it.

Re: Greencard after AP- NONDACA
 

AOS makes you eligible for it, but the thing I noted in previous post you need the AOS to look like it's approvable for them to issue you an AP.