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Originally Posted by Pianoswithoutfaith
A CIR could be like DACA and require a specific date of being here.
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Good point, I'm scared of that too.
I was re-reading the e-mail my lawyer sent me and one thing caught my eye
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It is not 100% clear that the reasoning in the Arrabelly case will apply to those with DACA advance parole. The BIA case dealt with applicants for adjustment of status traveling on advance parole, not DACA applicants.
In the days before the Arrabelly case, people with advance parole would be allowed back into the US, but their departure from the US triggered the unlawful presence bar, and the huge problem would occur when they went to their adjustment of status interviews and their adjustment would be denied. I personally saw this happen to people, and we had to get a waiver for one woman who left on advance parole without the advice of an attorney.
I cannot guarantee that it is safe to travel on advance parole for you. There are some people who have been granted DACA who would be safe to travel with advance parole because they were under 18 and thus did not accrue unlawful presence. From what you have told me, you are well over 18 and thus did accrue more than a year of unlawful presence. Since the Arrabelly/Yarabelly case, people are attempting to interpret the case broadly and to apply it in other contexts outside of adjustment of status, but the answer is not clear.
Sorry I cannot give you a black and white answer. The safest thing to do would be not to travel.
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So they do let you in and the problem occurs when it comes time to adjust status? Does anybody know anyone that got denied and turned around at the border? I just would feel a lot better if I could do damage control once I was already back in the country. If CIR passes I just can't see them denying me a green card because I left the country to visit an ailing relative.