Help...deferred deportation - Page 2

1. Not exactly! 245i does not excuse unlawful presence in itself. It only excuses it AFTER someone receives their LPR while in the US. A person under 245(i) who leaves before their adjustment of status is completed will still get a ban. What 245i mainly pertains to is the ability to obtain a GC without ever having to leave the US. My conclusion that the reason someone does not get a ban, is because they are ultimately leaving legally, seems valid. I am really not trying to split hairs, but am just trying to reiterate my original opinion that a ban cannot really be "served" here, if formally the ban does not become effective until someone actually leaves the US.
2. I'm not so sure to be honest. I have heard of multiple cases of EWI spouses of USC having to go back home to finalize their petition, at which point the ban kicks in, and then having to apply for a waiver to return back to the US. Yes, for children under 18 the scenario is different but since the OP mentioned that he is 31 I mainly targeted my statements at adults.

Actually, would a person who is over 18 but who enters and leaves the US without inspection ever have the ban applied to them? In my opinion the answer is NO, but I would actually really be interested in knowing the specifics and how they work, and who knows maybe there still are some loopholes there.


Just to further illustrate how twisted the current system is, I have even heard of a case of a biological child of US citizens being caught in this vortex. He/She was an EWI while parents were being sponsored for a GC, and the parent(s) were somehow able to get LPR and eventually USC while the child was young and the status did not play a role. However, by law the child must be "residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence" and this child did not qualify. I do not know the final result of this case, just remember hearing about it on the news (and I'm sure it was on DAP also)