I do not believe you are correct, parole is not an admission, see page 12 of this memo.
http://www.uscis.gov/sites/default/f...design_AFM.PDF
"By statutory definition, parole is not admission. See section 101(a)(13)(B) of the Act. An alien, who has been paroled under section 212(d)(5)(A) of the Act "[is] still in theory of law at the boundary line and [had] gained no foothold in the United States."
If you are paroled, you remained an "applicant for admission", but since you have been inspected, you get I-94, and with I-94 you can adjust status with US citizen spouse.
I think AP and DACA works hand in hand here, once you are paroled, although you are in theory still at the port of entry, but since you have physically entered the US, you are protected from removal because of DACA.
That's my understanding on AP.
As for applying for an F1 visa while on AP, that's a very complicated issue. First, 2 weeks is not nearly enough to submit all the paperwork and attend embassy for interview. Second, due to the unlawful presence in the US, they can deny you on this ground.
Even if somehow by miracle you do get the F1 visa, how do you plan to enter US? By F1 visa or by AP, you have to present yourself to CBP either as F1 visa or by AP. I wonder if CBP will accept F1 visa and AP together.
Now if you choose to enter by F1, the unlawful presense bar can kick in and you will be inadmissible. Because, only under AP, you are protected from unlawful presence at port of entry.
It will be very interested to see if someone pursuit this route and return back successfully.
Quote:
Originally Posted by mmohs2
dude, how did you enter without inspection if you were from China ? you did get admitted to the U.S. since you were inspecting at the port and you could have been denied entry since it is up to the officer's discretion. I would have asked, I was wondering if you can adjust status by applying for an F1 visa when you were back home and attending your interview at China for example and being admitted back with student visa that way you can adjust via employment based visa.
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