Ewi-aos: Advance parole thru daca for aos - Page 8

When you came back to US, did BP stamp your passport & give you an i94? What did you summit for AOS? I just came back by land through Nogales, AZ but they didn't stamp my passport or give me an i94. Idk if I should just submit my stamped AP document with my AOS (my husband is a USC, married for 13 years) or if I have to have the i94. If you don't mind sharing what you submitted, that would be so much help! Thank you!

You get the 194 online now

I tried looking online for it, but I got the error 'Not Found'

Hello everyone,

I used AP on 11/14/15 for humanitarian reasons to visit my sick grandmother. I came back through the San Ysidro port of entry, the officer stamped both AP documents, kept a copy along with a copy of my passport and gave the other one back to me along with a paper I-94 which was also stamped. The officer however, did not stamp my passport. I submitted my AOS package 12/11/15.

Out of curiosity from reading this thread i tried looking up my I-94 online and also got a not found notice. Should i be concerned about this? I did send a copy of my paper I-94 and AP document both of which were stamped on my AOS packet.

Also i recieved email notification on 12/14/15 that my I-1030 application was accepted and that my fingerprint fee was accepted.

But now im worried that i cant pull up my I-94 online. Any suggestions? Thank you all

Can you adjust status through employment instead of just marriage?

Yes you can,

I don't think it's that simple. See - http://dreamact.info/forum/showthread.php?t=72880

There's a few problems with adjusting status via any avenue aside marriage, these are found in:

INA 245(c)(2), (7), and (8):

(2): Failure to maintain status. Being out of status while applying for adjustment. Working illegally. (Not applicable to Immediate Relatives and few other groups).
(7): Being out of status while applying for adjustment via work.
(8): Working illegally or otherwise violating your status prior to seeking adjustment via work.

There is two main ways to get around them:
245(i) adjustment
245(k) adjustment

Now most of us know what 245(i) is, but we rarely talk about 245(k). We rarely talk about it because it is almost never applicable to us.

245(k) lets you bypass the bars to adjustment of status found in INA 245(c)(2), (7), and (8), as long as you didn't do any of them for a period exceeding 180 days since your last admission to US only if you seek adjustment of status via employment.

Now you might be thinking "I'll do AP, and then go via the 245(k)". Well, you can't. The BIA has ruled that "parole is not admission for purposes of 245(k)". Meaning that you need to arrive on a visa to be able to take benefit of 245(k).

Now problem with getting a visa is that once we depart, most of us will be banned for 10 years. So in order to get an H-1B you need a favorable consulate who will issue you an I-192 waiver. Another problem being that even if you are re-admitted as an H-1B or in any other status you are still banned for 10 years, so you need to maintain that or any other status for 10 years before you can adjust. (With exception of marriage to a US citizen afterwards where you can file the I-601 waiver together with your AOS application). You cannot get the I-192 prospectively so you are doing a pretty big gamble by trying to "do the right thing". If the consulate refuses your waiver request you are unable to return, though you might be able to get advance parole for the trip so you can return as a parolee should you fail to get your visa.


In regards to family sponsorship (aside immediate relatives, and F4 siblings of US citizens), if you can't do 245(i), then you can depart and seek the full I-601 waiver for unlawful presence. However while it is an option it's a risky one:
I-601 can only be filed once the ban is already triggered, meaning that you left US. You have to wait outside for the USCIS to adjudicate it.

Non spouse, non IR cases are generally hard to prove hardship in. Let's say that you're being sponsored in F2B, you're an unmarried adult, your parent is a permanent resident who isn't disabled or otherwise needy, you don't even live together, how do you prove "Extreme hardship" to that parent? It's really hard to get a good waiver case like that, and that's why few do. Hell, I bet most of you didn't even know that F1, F2A, F2B, and F3 preference categories allowed you to seek the waiver.

There was a planned I-601A expansion to cover all eligible groups (basically anyone with a USC/LPR Spouse/Parent), which got tangled in the eDACA/DAPA lawsuit. For now we can only really wait for it. Once that's in (and it will be in, even if eDACA and DAPA fail), then you can try to get the waiver while you're still in US. Worst case scenario USCIS denies it and you're exactly where you started.

Wait what is the option under 245(i) again? And also, as far as adjust through immediate relative siblings - what is the summary of requirements we need for that? Does AP + sibling citizen get us to the same place as AP + spouse/marriage?

245(i) requires you the following:

1. Green card petition or labor certification filed filed for you (or spouse, or parent if you were under 21 at the time and unmarried) on or before April 30th 2001
2. Physical presence of the main beneficiary in US on December 21st 2000 (unless the petition was filed on or before January 14th 1998)
3. The petition must've been "approvable when filed", meaning that it was legitimate and not fraudulent.

If you had such a petition then you're covered under 245(i), you can adjust status via any avenue (family, work, green card lottery), after payment of $1000 penalty atop of you application fees once your priority date becomes current. 245(i) grandfathering is yours forever and can be used on any adjustment application.


Siblings are not immediate relatives for purposes of US immigration. Immediate relatives are:

1. US Citizen Spouses
2. US Citizen Parents (if you're under 21 and unmarried)
3. US Citizen Children (they have to be over 21 to sponsor you)

Sponsorship by a sibling would be like sponsorship by work. You can leave and return on AP, and then you get denied because you're out of status, have lived in US illegally, and likely have worked in US illegally. Also in cases of sibling petitions - a sibling cannot be a qualifying relative if you'd even want to gamble with an I-601 waiver. Basically AP doesn't help. Without 245(i) only avenue to adjust status is an immediate relative of a US citizen (listed above).