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#5
11-14-2015, 01:36 AM
Senior Member
From Minnesota
Joined in Nov 2009
5,812 posts
Demise
Quote:
Originally Posted by Malign0n View Post
He'd be covered by 245K as he will be adjusting through his employer. He would also have advance parole to count as his legal entry. I'm also pretty sure he would be considered a parolee which is a status eligible for adjustment.

There are some many intricacies in the language of the INA that talking to a lawyer would probably be able to guide you through more thoroughly
No, 245(k) doesn't apply. As per memo of July 14th 2008.

In the memo you can find the following:

Quote:
An alien, however, who entered the United States pursuant to an advance parole document is not “lawfully admitted,” because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
This is something that you'd need to go through the courts, however considering that BIA's position has been that "parole is not admission" in basically every single case decided it's not something I'd personally recommend. Maybe you'd luck out and get a favorable non-precedent decision, basically court says "let this one get his green card". Not something I'd count on personally. Unless USCIS wants to open up 245(k) adjustment to DACA holders and wants a case like this. Definitely would be nice, it's just unlikely as it'd go against decades of case law.

Here's the memo:
http://www.uscis.gov/sites/default/f...29_14jul08.pdf

Sorry buddy, but I know my immigration law, I eyed 245(k) when AP was first announced for us and the answer is unfortunately no.
Last edited by Demise; 11-14-2015 at 01:43 AM..
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