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DAP Forums > DREAM Act > The Lounge

I want to apply for Advance Parole

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#1
01-28-2013, 01:13 AM
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I have an ailing grandmother in Mexico City and Im afraid I wont see her alive again :/ She was pretty much a mother to me because she raised me while my mother was in the US. I got my EAD in Nov. Im in a tough situation because I really want to wait for CIR and see what happens but then I have an ailing grandmother. You guys have any suggestions or input over this matter? (please only serious inputs) thank you much.
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#2
01-28-2013, 01:19 AM
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You should apply for advance parole. I've heard that one of the reasons they allow people to travel is to go to funerals or visit an ailing relative.

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
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#3
01-28-2013, 01:22 AM
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Quote:
Originally Posted by Charolastra View Post
You should apply for advance parole. I've heard that one of the reasons they allow people to travel is to go to funerals or visit an ailing relative.

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
Thanks for your response. it helps a ton.

Hey do you know if it will affect me in anyway if Dream Act is passed?? Like will USCI mention advance parole later one? thanks
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#4
01-28-2013, 01:29 AM
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Well, once you are approved for advance parole, it's relatively safe to travel. However, you may be inadmissible when you return from Mexico if you stayed illegally in the U.S. for more than one year (which you obviously did, because you were approved for DACA). But that is unlikely to happen, since I've heard that some people who were DACA approved have gone to Mexico on Advance Parole and returned without any trouble.

If the Dream Act passes, I don't think this will affect you.
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#5
01-28-2013, 02:30 AM
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BenGal
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Quote:
Originally Posted by iah View Post
Thanks for your response. it helps a ton.

Hey do you know if it will affect me in anyway if Dream Act is passed?? Like will USCI mention advance parole later one? thanks
Post Board of Immigration appeals (BIA) decision matter of Arrabally... , travel on advanced parole does not constitute an exit based on section ...(dont remember details)

What this means is that you wont trigger the 10 year bar because of your unlawful presence for more than 1 year. They cannot bar you because it is technically not an exit.

The risks comes in if you have done some things that will trigger inadmissibility(in that case you probably would have not been approved for DACA in the first place).

If you leave on Advanced parole and you had a previous removal order, you are essentially self deporting.

Consult with an attorney or BIA accredited rep about your particular case and to see if it makes sense for you to apply for Advanced parole. Be sure to get legit proof of medical emergency, like doctor's letters and proof that you are in fact related to your grandma.
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#6
01-28-2013, 03:52 AM
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Quote:
Originally Posted by iah View Post
I have an ailing grandmother in Mexico City and Im afraid I wont see her alive again :/ She was pretty much a mother to me because she raised me while my mother was in the US. I got my EAD in Nov. Im in a tough situation because I really want to wait for CIR and see what happens but then I have an ailing grandmother. You guys have any suggestions or input over this matter? (please only serious inputs) thank you much.
It depends on what she is currently ailing from.I would suggest trying the AP route for Humanitarian reasons with the advice of a lawyer of course.
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#7
01-28-2013, 06:08 AM
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i think that counts as a humanitarian visit, so go talk to a lawyer.

pity i didn't have that choice when my grandmother succumbed to Parkinson.

(FEEL SORRY FOR ME DOT DOT ..)
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#8
01-28-2013, 08:42 PM
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Talk to a lawyer. Any law that's passed will likely only apply to those physically in the US.
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#9
02-26-2013, 12:52 PM
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Dr.OsvaldoGutierrez
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Quote:
Originally Posted by Charolastra View Post
Well, once you are approved for advance parole, it's relatively safe to travel. However, you may be inadmissible when you return from Mexico if you stayed illegally in the U.S. for more than one year (which you obviously did, because you were approved for DACA). But that is unlikely to happen, since I've heard that some people who were DACA approved have gone to Mexico on Advance Parole and returned without any trouble.

If the Dream Act passes, I don't think this will affect you.
I have attained Advance Parole through educational purposes relatively quickly (it took 13 days). However, I stayed illegally for over 10 years after turning 18 years old. I recently got the DACA but not sure if I will face trouble returning given my situation. Seems like if you are granted DACA and advance parole AND if you are under 18 years old that there will be no trouble at all returning BUT how about those that are over 18?
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#10
02-26-2013, 01:47 PM
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msaccountant
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Quote:
Originally Posted by IamAman View Post
Talk to a lawyer. Any law that's passed will likely only apply to those physically in the US.
This is a really good point to keep in mind.
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