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#2
01-10-2015, 09:58 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,814 posts
Demise
Get a better lawyer because this case is fixable and this lawyer's a fuckwit. Even if not for DACA, or DAPA, there's always the hardship waivers. Christ, if I were hear such idiotic shit in person I'd call the bar association on the spot. Forgive my cursing, but the fact that an idiot like that is a lawyer makes my blood boil.



Only leaving while ordered deported counts as self-removal, regardless of age. If she did not have a removal order against her it does not.
A ban from being ordered by a judge to be removed and subsequently leaving or being deported, and a ban from illegal presence are two different things which are not equivalent, do not stack, and if both trigger are served concurrently.

Illegal presence before turning 18 does not count against a person. A minor can technically walk through the border every single day from birth to 18th birthday minus 1 day without triggering any re-entry bans, provided they do not get caught and placed into removal proceedings. A minor cannot trigger a 10 year ban, since a minor cannot trigger the 10 year ban, they cannot trigger a permanent ban for illegal re-entry.


She needs to get either DACA, or DAPA. DAPA would likely be easier since she won't have to prove entry before turning 16, which given the fact it happened ~18 years ago, would require plenty of evidence for the continuous presence, as opposed for about 4 years for DAPA. After getting that, she would need to request advance parole, she will need a valid work, educational, or humanitarian reason for travel. Like a study abroad program, business trip, or an ailing relative or wanting to visit a grave of a deceased family member.

Considering that everyone has some old grand-aunt, this is relatively easy. Though she will need to document relation to the person, as well as evidence that the person is ailing, or deceased (ex. medical records or death certificate, with translation). Once she gets advance parole, she'll need to travel to Mexico, and return to US using the advance parole. That will clear her illegal entry and make her eligible for adjustment of status.



Also, did she, or a parent of hers (or a spouse if any of the time), been sponsored via any means before April 30th, 2001? If so, she most likely qualifies under 245(i) which would allow her to adjust in US without need for travel.
__________________
I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 4/29/2024 I-485 approved: TBD
Last edited by Demise; 01-10-2015 at 10:11 PM..
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