AP Advice Please
 

I have been doing my research on advance parole and am looking for opinions on my case.

Here is my situation, I have DACA and am married to a USC for almost 5 years. We have been holding back from submitting for adjustment of status because I was EWI, so now I want to know what you guys would do in my case.

I've read that a few people that have DACA have applied for AP and then came back with inspection which would get rid of EWI and basically removing the "inadmissibility" for permanent residency through a USC family member but the only thing that I could possibly apply for AP for is humanitarian reason for family illness or death because I'm not required to travel for work and am not attending school. However, not that it's a not a bad thing, the only illness that could maybe be considered is my grandma's rheumatoid arthritis. I don't know if USCIS would consider that a good enough reason to grant me AP.

I don't care about losing the $360 fee but I would like to know what you guys would do in my case. I know it's worth every penny but do I even have a chance?

TIA for you opinion

Nere

Re: AP Advice Please
 

I suggest you go to immigrate2us.net and see their experiences. There are a lot more adults over there, and that forum concentrates on adjustment of status and such.

They do have a DACA section, but from what I have read they think otherwise about leaving for AP and fixing the EWI. I am EWI, too, and I am also married to a USC. I don't know what my next steps should be, but there are so many conflicting opinions, it is difficult to decide on just one. It is also scary.

I think everything is very subjective. AP does not guarantee you entrance back to the US. That is solely on the official that you come across on your way back.

Re: AP Advice Please
 

Thank you I will check it out, I haven't seen anyone get denied entry yet but I so understand it is a possibility. It is very scary! On another note I have seen two cases in the last week where they both applied with USC husband for the waiver and one was denied and the other approved.

Re: AP Advice Please
 

My wife went through this process and was able to adjust status. She removed her EWI with AP for humanitarian reason. She used a letter from the hospital in Mexico as proof and was approved for AP. I'm actually surprised that your lawyer told you to wait since my wife did this in September of last year and others had already done. You would think that at this point they would know that it is possible to get AP and then be able to adjust status through your spouse. If you don't mind spending the $300+ in AP, then I suggest that you at least attempt to get AP.

Re: AP Advice Please
 

That's awesome! I spoke to the lawyer before DACA was "official" unfortunately I just started hearing about this and would've done it right away too but my permit expires in Oct so now I feel like I have to wait to get the renewal approved. In any case I will submit the application as soon as I can :) Did you submit I-130 before or after AP?

Re: AP Advice Please
 

I-130 was submitted after AP.

Re: AP Advice Please
 

Do you think I should apply for AP now or after DACA renewal? Permit expires 10/30/14

Re: AP Advice Please
 

Nere,

I decided to take the risk. I was able to get an AP for work, and I am currently in the process of Adjusting status(EWI was cleared when I was paroled). I had my bio metrics appointment today, and I am waiting for the Interview now.

If money is not an issue you might as well try to get the AP for your Grandma's illness. Worse come to worse they say no.You do not have to wait for your renewal to go into affect to ask for the AP, but you should submit your renewal ASAP since you are within 150 days

Re: AP Advice Please
 

That is fantastic! Glad to see it has worked out for you! I already sent my renewal in and it's been accepted so I might just go ahead with the AP app. Can you tell me your timeline from application to approval of AP? Did you go through have a lawyer file for you or did you do it on your own?