AP Question

Question for those of you who used AP with DACA. Wouldn’t you be barred from re-entry if you were 19+yo when you got DACA? Because I thought you start accruing unlawful status if you stay here after you turn 18. So if you got AP with DACA was this an issue or no?

Forget about AP chances are sky high you can get barred re entry anyways because of covid19

No, that question did come up early on when DACA was started in 2012. A federal judge ruled that traveling with AP is not a "departure", therefore cannot trigger the 3 0r 10 year bar.

"The Board of Immigration Appeals held that travel on advance parole was not a "departure " within the meaning of the statute and hence did not trigger the ground of inadmissibility that bars admission after the accrual of unlawful presence "

Reference:
https://www.dhs.gov/sites/default/fi..._arrabally.pdf

Exactly. This is what I said and one person on here was trying to lecture me on how I shouldn't "fear monger"and that people should consult with a "lawyer" with regards to AP...Like common..how will a lawyer know what potential actions a FOREIGN government will take in response to COVID-19...What if the government shuts down flights coming back to America (Europe is about to restrict travel to and from U.S.)..WTF are you going to do then? Once you're outside of America ain't no fuckin lawyer going to save your ass...especially you being a DACA non-citizen.

^^^well no one is planning on taking off tomorrow, now are they? the AP app is not even open, plus it takes 3 months or so to even get approved. Realistically speaking, it would even be early next year for some people to be able to go anywhere.

As per Matter of Arrabally (BIA, 2012), travel on Advance Parole does not trigger a 10 year ban. Though only thing that AP is useful for is getting rid of an EWI since entry on AP does count as "Lawfully admitted or paroled" for purposes of adjustment of status. Note this only helps if you're trying to adjust as an immediate relative of a US Citizen (Spouse, Parent, or Unmarried Child under 21).