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-   -   AP for Consular Processing (http://dreamact.info/forum/showthread.php?t=81340)

kasi888 03-15-2018 01:58 AM

AP for Consular Processing
 
Hi All,

I am new here and I have a question. Have anybody been able to obtain Advance Parole for consular processing? If yes, could you share the cover letter the I-131? Or if you can't share, what did you write on the cover letter? How long it took? Did you get a RFE?

Thanks.

DreamerSD23 03-15-2018 02:06 AM

Re: AP for Consular Processing
 
What? Consular Processing?

Are you one of the younger dreamer who had DACA when you turned 18 and trying to do AOS?

In any case, there is no AP available for us.

If you always had DACA since turning 18, you can just go back to your country of origin and do the AOS, no need for Advanced Parole.

kasi888 03-15-2018 02:17 AM

Re: AP for Consular Processing
 
There is no guarantee that I will get the GC at the embassy. Thats why I need to have AP in hand to be able to come back if I have to. there was a member here with a name "txgirl". She wrote that their firm applied for AP for consular processing for 7 clients and got them, but she has not posted since September 2017 so I don't know how to find her or which firm she works for.

DreamerSD23 03-15-2018 04:10 AM

Re: AP for Consular Processing
 
I can see that you have a lot of confusion about the process.

1: You do not get a GC at the consulate. You do your interviews and then you get a visa, F-1, B-1, H-1B etc...

2: If you are doing AOS as an immediate relative of a US Citizen, you do not need to leave to continue your AOS.

3: Regardless, AP is not the way to go since it is not an option for DACA recipients. USCIS is literally not issuing AP for any DACA recipient.

jorgeag92 03-15-2018 04:38 AM

Re: AP for Consular Processing
 
Quote:

Originally Posted by DreamerSD23 (Post 697652)
I can see that you have a lot of confusion about the process.

1: You do not get a GC at the consulate. You do your interviews and then you get a visa, F-1, B-1, H-1B etc...

2: If you are doing AOS as an immediate relative of a US Citizen, you do not need to leave to continue your AOS.

3: Regardless, AP is not the way to go since it is not an option for DACA recipients. USCIS is literally not issuing AP for any DACA recipient.

He has to leave if he came without inspection. I think he's afraid of triggering the 10 year ban if he gets denied or having to wait for the visa to be able to come back.

DreamerSD23 03-15-2018 04:58 AM

Re: AP for Consular Processing
 
Quote:

Originally Posted by jorgeag92 (Post 697653)
He has to leave if he came without inspection. I think he's afraid of triggering the 10 year ban if he gets denied or having to wait for the visa to be able to come back.

Let's not add to the confusion.

He is asking about consular processing, which is for a visa.

You are referring to the AP loophole to fix EWI for AOS, there is no need for consular processing in that case.

trac3rt 03-15-2018 09:21 AM

Re: AP for Consular Processing
 
Quote:

Originally Posted by kasi888 (Post 697642)
Hi All,

I am new here and I have a question. Have anybody been able to obtain Advance Parole for consular processing? If yes, could you share the cover letter the I-131? Or if you can't share, what did you write on the cover letter? How long it took? Did you get a RFE?

Thanks.

USCIS has stopped granting AP to DACA recipients. I had an AP application pending, which got rejected for this reason.

nydreamer 03-15-2018 02:16 PM

Re: AP for Consular Processing
 
Quote:

Originally Posted by DreamerSD23 (Post 697656)
Let's not add to the confusion.

He is asking about consular processing, which is for a visa.

You are referring to the AP loophole to fix EWI for AOS, there is no need for consular processing in that case.

Uh, yes there is consular processing for EWI attempting AOS. How about let's not be condescending and all-knowing when talking to others.

DreamerSD23 03-15-2018 02:30 PM

Re: AP for Consular Processing
 
Quote:

Originally Posted by nydreamer (Post 697720)
Uh, yes there is consular processing for EWI attempting AOS. How about let's not be condescending and all-knowing when talking to others.

What purpose is the consular processing when you are doing AOS as an immediate relative of a USC?

Before DACA was rescinded, you can do the following if you are EWI and trying to do AOS with a USC spouse:

1: Get AP

2: Take one step outside of U.S. border

3: Step back in with AP

4: Do I-485 and I-130 with your USC spouse while staying in the U.S the entire time.


Which step needs consular processing?

I have friends who have done exactly this.

trac3rt 03-15-2018 04:56 PM

Re: AP for Consular Processing
 
Quote:

Originally Posted by DreamerSD23 (Post 697726)
What purpose is the consular processing when you are doing AOS as an immediate relative of a USC?

Before DACA was rescinded, you can do the following if you are EWI and trying to do AOS with a USC spouse:

1: Get AP

2: Take one step outside of U.S. border

3: Step back in with AP

4: Do I-485 and I-130 with your USC spouse while staying in the U.S the entire time.


Which step needs consular processing?

I have friends who have done exactly this.

Right, that was before DACA was temporarily rescinded. Unfortunately, the first step that you listed in your comment is no longer available to DACA recipients.

If you're a DACA recipient and can't get "step 1: Get AP", the consular processing is REQUIRED.


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