EWI clear with AP, what is my next step? - Page 2

It does clear the EWI so you won't have to leave the US to process your green card.

EDIT: Plus, it clears any unlawful presence that you have accrued.

Actually this is incorrect, Read up on matter of arrabally and yerrabelly, you have been lawfully admitted to the US therefore, no need to filed the I601 which is a waiver of a number of things including unlawful presence when you have never been admitted, but with the AP you have.

Check this out, been doing some research myself.
I'd love to hear the update on your case, and good luck!
I'm married to USC and would be great if AP would help my EWI.

http://www.visajourney.com/content/i130guide1

http://immigrate2us.net/forum/showth...=1#post1080334

I found this link useful: https://cliniclegal.org/resources/ar...aca-recipients

So far i talked to 2 attorneys and they both agreed that AP clears my EWI and that I can adjust my status without leaving the country. However, one attorney advised me to wait 60 days before submitting I-130 because they might deny it for the reason that I took AP to clear my EWI and not for humanitarian cause. They also mentioned that depending on the adjudicator, they might ask for a waiver for the time I accrued unlawful status before they granted me DACA and traveled with AP. In this case, I can appeal the case to Administrative Appeals Office and, if everything goes as the attorney said, they can hold the the matter of Arrabally and Yerrabelly in my favor. I ll probably see one o two more lawyers before I make my mind how I want to proceed and if I need a lawyer. I just don't want a pay too much because I feel my case is not that complicated but I'll let you know guys how it goes.

I get what the attorney is saying, but I don't think USCIS will make you jump through hoops if entered legally. Unlawful presence is forgiven if the petitioner is a US citizen.

Not automatically, if you're a visa overstay, you would have to file the I-601 for both unlawful presence and/or illegal employment.

For those who EWI and get AP, once back in the US, they are considered to be lawfully present and under a status for purposes of Adjustment of Status.

No, you do not need a I601 if you are a visa overstayed. You will adjust normally if you are just a visa overstayed and you do not need to file a waiver for working in the US unlawfully...

I-601 waiver to is waive unlawful presence if you have NEVER been lawfully admitted to the US, it also waives criminal convictions like POM (poss. of marijuana) among others.

The unlawful presence was erased by lawfully being admitted to the US, not by the petitioner being a USC. On the other hand, you can ONLY adjust status if the petitioner is a USC and not a lawful permanent resident.

I wouldnt wait the 60 days, because right now its taking USCIS 6 months to even adjudicate the petition. So file it soon and by the time your interview appt comes up time has already passed.

I have a question, hopefully someone could help me. I'm just waiting for a letter from Mexico from my ill grandmother so I can apply for AP. Upon my return I hope to be able to clear my EWI and be able to adjust my status via marriage (been married to USC for 2 years) question is by the time I get AP approved and I travel will be around the same time I have to apply to renew DACA (Expires April 30, 2015) so I have to renew around December. Should I wait to start the process of AOS until I renew and get approved with DACA? I'm afraid of submitting AOS and then DACA, might make a confusion? Any thoughts?