Applied for Advanced Parole

Hello every one of you and thank you guys for keeping this forum open!

While I was going over the forum and valuable database here, I came across this information and it makes more sense to why I was approved for DACA.

I. Legalization.

We are all hoping for the passage of the Dream Act. However, we do not know when that will happen, and in the meantime, if you have another option to legalize yourself then you should take advantage of it. Below are all (I think) the ways to legalize your status in the US.

A. Bans and unlawful status.

According to the Immigration and Nationality Act 212(a)(9)(B)(ii)(I), any unlawful presence that you accrue while you are a minor is exempt.

" (iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."

However, once you turn 18, you start to accrue presence. By 180 after your eighteenth birthday, you will have acquired a three year ban from the country, which will be initiated once you leave the U.S. Once you have accrued one year of unlawful presence, that will become a ten year ban. If you leave the country while you have the three year ban and attempt to enter within three years, the ban will become a ten year one. If you leave the country with the ten year ban and attempt to enter within ten years, that will become a permanent ban and will not be waivable until you have been outside of the country for ten years.

"
(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible. "

If you are not yet 18 1/2, you can leave the country and apply to immigrate here legally and the unlawful presence will not be held against you.

bump!

Post this on the lounge.

I'm scratching my head as to how you were approved for DACA when you came here EWI as an adult....that is unless you failed to mention that fact when you applied and used your previous records instead.

I'm not sure what you expect us to recommend to you given that DACA is hanging by a thread right now with the election coming up and the extended DACA is in the courts with not a whole lot of chance to pass and the opposition is looking for any shred of evidence to scream foul and say people are fraudulently using the program. The opposition is also looking at AP as proof that DACA should be stopped so calling it a loophole doesn't do anybody favors and I'm certainly not going to encourage fraud. If you and your lawyer feel that it's your shot and have a lawful way to do it then take the chance on it yourself.

yeah what IamAman said