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DAP Forums > DREAM Act > The Lounge

Important Information Regarding Advance Parol - Page 7

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#61
10-08-2012, 02:37 PM
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Quote:
Originally Posted by Kaisaurus View Post
So the "benefit" of getting advance parole and being allowed back in is if someone petitions for you after you're back in the country like family,spouse, or job you will not have to go back to country of origin during the petition?
No,Advanced Parole is adjudicated and approved inside the United States.The issue of being allowed back with regards to having a pending US residency petition is outlined specifically in Matter of Arrabally hence why it might be safe for some Dreamers with pending petitions.The AP is based on the pending residency petition not DACA per say and since the case was heard by the Board of Immigration Appeals it is very likely the individual would be allowed back in.
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#62
10-08-2012, 02:59 PM
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Quote:
Originally Posted by Ianus View Post
No,they mean 18 exactly.Unlawful presence begins when you turn the age of 18.If your Deferred action is approved before turning the age of 18,technically you shouldn't have any immigration bars when Deferred action is valid.With that said since you have no unlawful presence Advanced Parole should be safe to use if the user has approved Deferred action before turning 18.
TPS is a completely different immigration benefit and is usually approved on humanitarian grounds with regards to the country.It shouldn't be difficult for a user with TPS to be approved and travel on AP but the issue is are the grounds for approval under DACA would warrant not only the approval of AP but also for CBP to allow the individual back in.I have heard of numerous individuals using TPS and AP without issue.The question here is would approved Deferred action and AP be enough based on the reasons approved in order to not travel but return and allowed back in by CBP.
Completely different immigration benefit but the grandma still accumulated unlawful presence and was allowed back into the country so hmmm. It's better to consult this with a lawyer and by a lawyer I mean several many.
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#63
10-09-2012, 12:08 AM
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Quote:
Originally Posted by Ianus View Post
TPS is a completely different immigration benefit and is usually approved on humanitarian grounds with regards to the country.It shouldn't be difficult for a user with TPS to be approved and travel on AP but the issue is are the grounds for approval under DACA would warrant not only the approval of AP but also for CBP to allow the individual back in.I have heard of numerous individuals using TPS and AP without issue.The question here is would approved Deferred action and AP be enough based on the reasons approved in order to not travel but return and allowed back in by CBP.
you are kinda of contracting yourself. TPS, with whatever benefit they have are allowed to apply for AP can come and go then how comes DACA are allowed to apply for AP but still not receive the benefits of AP while TPS applicants can?

i mean do you see what am trying to say?

both TPS and DACA are allowed to apply for AP. yet all this TPS people have gone and come back with no trouble unless they are involved in criminal activities, yet with the same AP we DACA can't.

anyhow the only law i broke was overstaying my visa and it was forgiven because now am getting a 2 year visa. am going to pimp this visa out of all the benefit it has to offer.
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#64
10-09-2012, 12:13 AM
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Quote:
Originally Posted by amoney3 View Post
hey when did you send in all the evidence/documents for your advance parole? Also, when do you plan on traveling/returning with it (just so we can all know when to expect an update on your experiences)?
i got a letter asking for evidence and stuff. it's like RFE it come by mail like 7 days after i applied. i will make a timeline once i have the AP, DACA, and EAD on my hands. Am traveling as soon as i get it. they expire quickly, and i will be gone for 3 months.
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#65
10-09-2012, 12:37 AM
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Once you submitted your application for DACA, you stopped accruing unlawful presence. Did you not read the instructions?

Using advance parole to return and adjust status is different from pakapoa's advance parole situation.

Once you are granted advance parole, you may leave the US and come back. It's the adjustment of status issue that is the problem at this point.
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#66
10-09-2012, 12:50 AM
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I don't know about you guys but I am Def going to go see my family. It has been way too long. I don't think we should have any problems coming back in as long as we do right by the law.
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#67
10-09-2012, 01:51 AM
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@ Tinachow, as I said at the end of the day it is your personal decision. I am not refuting or going against others opinion but but stating mine. What I know is that if you meet the requirement (humanitarian, educational, work) to be issued AP by DHS/USCIS I don't see y they wouldn't let you in the US if you are abiding by the laws. From a reliable source I found that there has not been any known case yet of any one denied entry to the US after been granted AP (which itself is a benefit - you are been paroled in advance). In fact as I stated before I know those who have used it in emergency while they application for adjustment is pending. All I know is some people here are over dramatic & putting fear in people for something that is not that complicated. The US is a country of laws & when they say they would do something they do it & since they said DACA applicants can travel in & out with AP if they meet the requirements they would stand by their word if not they wouldn't grant such benefit (AP) in the first place. You just have to make sure you carry your AP approval with you along with your I821d approval (carrying the work authorization is optional but beneficial cos it shows your picture)

@ Ianus, actually DACA is not that different from TPS in fact in your approval letter they say "you have been approved for TPS..." DACA is just a new class of TPS although they are slight variation among the two as DACA is catering to those who came here as children thus reflecting some slight changes that will apply more to such instances/scenario. So from my research & what I have found from my sources there is no known TPS/other cases of those approved for AP that weren't let back in unless 1, u lost ur AP approval in the foreign country (why I would suggest u make a copy/scan), 2, you commit a crime or have become a harm or potential harm to the US.
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#68
10-09-2012, 02:14 AM
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Quote:
Originally Posted by pakapoa View Post
you are kinda of contracting yourself. TPS, with whatever benefit they have are allowed to apply for AP can come and go then how comes DACA are allowed to apply for AP but still not receive the benefits of AP while TPS applicants can?

i mean do you see what am trying to say?

both TPS and DACA are allowed to apply for AP. yet all this TPS people have gone and come back with no trouble unless they are involved in criminal activities, yet with the same AP we DACA can't.

anyhow the only law i broke was overstaying my visa and it was forgiven because now am getting a 2 year visa. am going to pimp this visa out of all the benefit it has to offer.
TPS and DACA are given out on different terms. TPS is given because a person's country isn't safe or the person is in danger if they go back to their country. That's why Advance Parole should be used for emergencies only.

It would be harder to deny someone re-entry back to the U.S. if they have TPS. DACA is different, they can send us back to our countries.

DACA DOES NOT FORGIVE YOUR UNLAWFUL PRESENCE.

If you overstayed your visa, you accrued Unlawful Presence. Upon leaving and trying to re-enter, you can trigger the 3/10 year bar.

If you tried to adjust your status through marriage, you would still have to pay the pardon.
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Last edited by JJ Glo; 10-09-2012 at 02:22 AM..
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#69
10-09-2012, 02:22 AM
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^^^ Did you receive the I-797A yet?
Last edited by IGIT; 10-09-2012 at 02:28 AM..
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#70
10-09-2012, 02:28 AM
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Quote:
Originally Posted by JJ Glo View Post
TPS and DACA are given out on different terms. TPS is given because a person's country isn't safe or the person is in danger if they go back to their country. That's why Advance Parole should be used for emergencies only.

It would be harder to deny someone re-entry back to the U.S. if they have TPS. DACA is different, they can send us back to our countries.

DACA DOES NOT FORGIVE YOUR UNLAWFUL PRESENCE.

If you overstayed your visa, you accrued Unlawful Presence. Upon leaving and trying to re-enter, you can trigger the 3/10 year bar.
if you are granted AP, and going to a country where you are not safe, then why can't we. i mean we are being protected to? you will trigger it but you can still come back, that's the beauty of AP and DACA.

please stop this ban preaching especially when you don't even know. we really are protected for 2 years.
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Application filled out by - Myself (feeling like a bad ass lawyer, haha)
App Sent: 8/15/2012 USCIS Dallas Lockbox USPS overnighted that baby fast! Received: 8/16
I-797c received on 8/27 Biometric appointment on 9/17 (done on 9/13)

APPROVED OCT 14
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