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DAP Forums > DREAM Act > The Lounge

DACA applicant married to US Citizen or Permanent Resident - Page 3

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#21
07-03-2013, 02:48 PM
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Quote:
Originally Posted by glgutierrez0506 View Post
We already filed his DACA application, so I'm hoping his approval will come before February 2014. It was easy enough, but I'll definitely be using our lawyer for whatever comes next, whether it's his I601a waiver or advanced parole. It'll really come down to assessing the risk, cost and qualifications involved with each option, and how likely approval is to be as well as a successful outcome. I keep reading that advanced parole is risky, but what's the risk exactly? That he won't be let back in? I thought that's what it was for, so he could leave and come back with permission?
Keep CIR in mind too, it's like a 50/50 chance something will happen this year.
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#22
07-03-2013, 02:49 PM
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eRkah
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That's good then, I guess it's best to wait, since by then there may or may not be Immigration Reform in place, & at least you started the DACA process. It sucks anything to do with immigration involves so much waiting

With Advance Parole, the risk is that USCIS states this:
"Leaving the United States, even with an Advance Parole Document, may impact your ability to return to the United States."

So they're basically saying, 'we may give you advance parole & allow you to travel, but we might change our mind & not let you back in' ..

So what happens is, when returning to the US, an officer at the port of entry (airport, etc) can review your entire case right there on the spot, & decide that even though you have AP, because you were here without status for x years, they won't let you enter. And that's it, you're stuck outside, no chance for 'review' or anything. And then people wonder how the immigration system is broken..
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#23
07-03-2013, 08:42 PM
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Quote:
Originally Posted by lopez510 View Post
My case is very similar to your husbands I'm married to a USC and its true what they say about advanced parole but I think its way too risky in that case the provisional waiver is safer but more expensive. Another think you can do is wait for CIR which probably will include 245i which help us adjust our status here in the US without having to leave
What makes you think there's a chance of 245i coming back? That would be great if it did though...
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Date applications sent: 09/29/15
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Case ready to be scheduled for an interview: 11/25
Approval Notice for (only) Advanced parole: 12/29/16
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#24
07-03-2013, 10:15 PM
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Quote:
Originally Posted by Tanzina009 View Post
What makes you think there's a chance of 245i coming back? That would be great if it did though...
My attorney told me that she gets updates of what's going on with the immigration reform and i found this a ciuple months ago it says that House Judiciary Chairman Robert W. Goodlatte, R-Va supports the idea so there is a big chance for us to get something really good out of it

http://boxethlaw.com/2013/03/much-ne...reviving-245i/
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#25
07-03-2013, 10:23 PM
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Quote:
Originally Posted by eRkah View Post
With Advance Parole, the risk is that USCIS states this:
"Leaving the United States, even with an Advance Parole Document, may impact your ability to return to the United States."

So they're basically saying, 'we may give you advance parole & allow you to travel, but we might change our mind & not let you back in' ..
This is technically true,but so far I have not heard of anyone not being allowed back in who have had AP approved and had a some form of legal status or presence to return to.

It isn't up to USCIS on if to allow you in or not but Customs and Border Patrol.If however USCIS were to reject the travel authorization while you're abroad that would be a different monster altogether,but I've never heard of that happening.I've even heard of CBP allowing an individual who had an unexecuted removal order return to the US with AP that had TPS to return to so it seems as long as USCIS approves the paperwork you're good to go for the finite period they allow you to fly.
Quote:
Originally Posted by glgutierrez0506 View Post
I'll have to ask her for a new quote in just doing the adjustment, but she did mention $1000.00 to my husband...he said it was for the DACA, but I'm not sure if that included the adjustment of status, too. We chose to do it directly through USCIS, so I'll ask for a new figure.
This is seriously expensive if just for DACA alone.I would also suggest trying the site Immigrate2us.net for further inquiry on the subject matter as they seem more attuned to the waiver process and proving hardship.
Quote:
Originally Posted by lopez510 View Post
My attorney told me that she gets updates of what's going on with the immigration reform and i found this a ciuple months ago it says that House Judiciary Chairman Robert W. Goodlatte, R-Va supports the idea so there is a big chance for us to get something really good out of it
Sorry,but no lawyer can predict what outcome will come from the Congress as it isn't that simple no matter how connected they may seem.

Congress has the authorization to make the undocumented US citizens or whatever status they see fit without re-authorizing 245i again.I don't currently think there is any chance right now of the Congress renewing 245i if the whole point of CIR is to,"End illegal immigration".
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Last edited by Ianus; 07-03-2013 at 10:27 PM..
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#26
07-07-2013, 04:01 AM
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Quote:
Originally Posted by Ianus View Post
This is technically true,but so far I have not heard of anyone not being allowed back in who have had AP approved and had a some form of legal status or presence to return to.

It isn't up to USCIS on if to allow you in or not but Customs and Border Patrol.If however USCIS were to reject the travel authorization while you're abroad that would be a different monster altogether,but I've never heard of that happening.I've even heard of CBP allowing an individual who had an unexecuted removal order return to the US with AP that had TPS to return to so it seems as long as USCIS approves the paperwork you're good to go for the finite period they allow you to fly.
This is seriously expensive if just for DACA alone.I would also suggest trying the site Immigrate2us.net for further inquiry on the subject matter as they seem more attuned to the waiver process and proving hardship.Sorry,but no lawyer can predict what outcome will come from the Congress as it isn't that simple no matter how connected they may seem.

Congress has the authorization to make the undocumented US citizens or whatever status they see fit without re-authorizing 245i again.I don't currently think there is any chance right now of the Congress renewing 245i if the whole point of CIR is to,"End illegal immigration".
You got me wrong right there man all I said is that she gets updates I never said that she can predict the future nobody can and about the 245i i brought it up because a congresman was talking and that gives me hopes now if the bring it back great if they don't well they will have their reasons for not doing it since they are going to be busy debating CIR
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#27
01-17-2017, 11:19 PM
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From Miami FL
Joined in Jan 2017
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DaisyCruz
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DACA Recipient - My name is Daisy and the loophole works. Here's my timeline and story

Illegal immigrant to Green Card Holder through Marriage

Dec. 19, 2004- Crossed the Mexico-USA border with a coyote #Illegally (9 years old)

Sept. 9, 2012- Became a DACA recipient #ThanksObama

Dec. 24, 2013- Became engaged to USC
Dec. 4, 2014- Married USC

During March 2015 My husband and I spoke to several immigration lawyers but they all told me I was not able to file for a green card with-in US borders because of my illegal entry, back in 2004. So I had to travel to my native country, Honduras, to do so. I did not like the idea because I was afraid it could be denied and I would never be able to come back into the USA. Also, we had a 3 month old baby.

My lawyer recommended to travel with my Daca and Advance parole. Entry into the USA with AP&DACA is not guaranteed so I was uneasy about traveling. She said I wouldn't have any issues being paroled back in because I wasn't a criminal or a threat to the community.

July 3 2015- Husband filed I-130(Family Petition)

Nov. 8, 2015- Filed I-131(Advance Parole) for family reasons, my brother was having back surgery.
Dec. 2, 2015- Received I-131 Approval Letter.

I-131 was granted (Dec. 15, 2015-Jan. 2, 2016)

Dec. 18, 2015- Traveled to Honduras with DACA AND Advance parole.

Dec. 26, 2015- Came back to Miami Fl. from our week long trip. I gave the officer my IDs, passport, advance parole letters, and my DACA.
My husband and I were taken into a little room, others were also waiting. It took almost 30 minutes, we weren't asked anything. Another officer called my named, stamped my AP and said have a nice day.
I was so relieved.

Feb. 23, 2016- Mailed out I-485, I-765, I-131

Mar. 1, 2016- I received receipt letters for all three applications.

Mar. 15 , 2016- Received Fingerprint appointment letter.

Apr. 3- Got fingerprints done at the USCIS (Miami Field Office)

May 4, 2016- Received I-765 and I-131. (Employment and AP card) while I-485 interview is pending.

Oct. 13 interview scheduled for nov. 16, 2016
Oct. 17 interview cancelled due to "unforeseen circumstances"- probably the elections.

Oct.25 interview rescheduled for Dec. 13 in Miami Dade USCIS offices.

Dec. 13- my husband, the kids and I all went to the interview with my lawyer. The officer called us in for the interview but gladly it wasn't much of an interview. He asked me to raise my right hand and swear not to lie etc. he reviewed all of my documents and started talking about his family. I was a little nervous but he was super kind and made me feel comfortable. I was lucky to get such a nice officer, I guess. He said "your green card application has been approved, it should arrive in 2 to 6 weeks". We were stoked! We cheered said thank you and hugged. I wanted to cry. He didn't even ask me one question. Maybe because there was no doubt out marriage was a set up.

I received my card right before Christmas 2016 which is also my birthday and I was just cried. All of my life
I thought this moment would never come but it finally did.
It took a lot of time and money but that loophole works.
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