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#12
07-29-2014, 11:46 PM
Senior Member
Joined in Jun 2007
1,092 posts
Quote:
Originally Posted by Malign0n View Post
It does clear the EWI so you won't have to leave the US to process your green card.

What It doesn't clear is the time you were here illegally (unlawful presence), so you would have to file the I-601 Application for Waiver of Inadmissibility along with your Green Card Application to be forgiven of the time you were here illegally.

You can think of it as being a Visa Overstay. You are considered to have entered legally with your AP, but you have that time you were here illegally which doesn't go away.

Note: If you were under 18 while your DACA application was pending. You could actually have had ZERO time illegally here. Mention this to your lawyer that can help you file accordingly.
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.
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