DACA marrying a permanent resident - Page 2

Yes! we have successfully used AP in order to complete the consular process for at least 7 times and some are pending approvals (AP)

Anything outside of Immediate Relative petitions? If yes, then that's great news right there. Since it opens all other avenues for sponsorship (hell, even DV lottery) for DACA holders.

Yes! we recently used AP for 2 siblings with current DACA to complete their consular process (without waiver) through their step-mother. They attended visa interview on a tuesday at 7:30 am and were approved by 8 am. They received their passport two days later and are back safely at home and admitted as permanent residents.

Some people are unable to come up with the evidence needed to obtain an AP for purposed of later adjusting, and other cases have already started the consular process and made no sense to waste all the filling fees at that point. So while AP and then adjusting seems like the most obvious choice its def not the only choice.

That is spectacular news! I was thinking about this. Now that it is confirmed. Wow!

Now this actually got me thinking in more ways than one. What you said points to AP not triggering the 10 year ban at all, with no conditions.

Do you think it would be possible to leave with AP and subsequently return on an H1-B, or any other kind of a dual intent non-immigrant visa? If so then adjustment issues (via work) would actually be covered under 245(k), since violations of status and illegal presence only from last admission are a factor. This would definitely help all kinds of working DACAers, get sponsored in EB-2/3 and get H-1B for the time being, adjust via 245(k) when the priority date is current or the petition is approved, whichever is later.

Also what do you think would happen if someone would leave on AP and then they would simply not return? Would a 10 year ban kick in at some point?

Honestly, when it comes to an H1B, E2 or any work related visa i dont think AP would help in anyway because the initial unlawful presence exist. I would have to ask my bosses(the attorneys) for their opinion on this.

Also we use the AP with people are are only going to their final interview at their Consulate/Embassy and who are already approved in the US ( provisional waiver) or for people under the age of 18 who have no unlawful presence.
As for if someone leave on AP, yes if you do not return to the US whithin the time allowed, you would no longer be allowed back in therefore causing a person to loose their status (TPS, DACA, DAPA)

You're contradicting yourself. I asked if you had any petitions outside of Immediate Relative petitions. First you say yes, you give an example which implies F1, F2, or F3 petitions. Then you say that you only use AP for provisional waiver situations, so immediate relative petitions, or for minors without entry bans, both situations do not need AP.

So tell me, yes or no. Can AP be used to circumvent the 10 year ban for any of the preference categories? Have you gotten a green card for someone who would otherwise be banned from reentry in any sponsorship category outside of Immediate Relative?

Listen, I am completely aware of what i have said. On my last post I mentioned Provisional Waiver because those are some of the cases that we have resorted to use the AP. We have also done it with children under the age of 18 who require no waiver (F1). Also i want to point out that as of now we only do provisional waivers to spouses of USC, because the hardship on the waiver is much more easier to prove. So i could not comment whether or not a son/daughter of USC or sibling of USC will ever be able to use this option to complete the process. Maybe if the changes announce in November on the waiver part make it easier to prove hardship maybe it could be use for them too. We have successfully done CP for (F1) and (F2A), and we hope to do other family base categories once the provisional waiver is open to other categories.

You asked me about H1B/E-2 and i told you that in my opinion i did not think it would work because the person has accumulated unlawful presence (unless they got DACA before the age of 18 1/2), so if they have accumulated unlawful presence they will not be able to complete a consular process from an employer because an employer cannot waive the unlawful presence. So even if the person presents themselves at the consular interview the issue with the unlawful presence will still be there.

I also mentioned that i would ask my bosses who are the attorneys. I am sorry that my response was not of fulfillment to you.

I feel like we're having 2 different conversations. My question whether or not AP can be used to get a green card in a preference category still stands. The thread was originally about whether or not you can get a green card via F2 sponsorship. You come and say, yeah just use AP and undergo consular processing. Then you contradict yourself. Then you completely avoid my question and keep repeating the part about hardship waiver like a mantra. I am not trying to be rude but I want a clear answer:
Let's say that the thread starter is a 25 year old.
He marries a permanent resident.
His wife files i-130.
Priority date becomes current before she's eligible to naturalize.
Can he get a green card at that point without a waiver?

No, at that point we would pay for the NVC fee bills, submit paperwork for the I864 and the DS230. Have the first appointment schedule at the consulate where the applicant presents himself (at that point he would leave on AP) then have him provide the Waiver packet to the officers at the consulate. He could then come back to the US if he wants to or remain down there till his next appointment. If they decide to wait out the adjudication of the waiver in the US, they will then leave again for the final interview to take medical exam, biometrics and final consular interview.

Depending on your country we could only have to request 1 AP for a period of 6 months or a year. If lets say the person is from Mexico where it takes the longest to adjudicate the waiver, we would request a second AP.

Also this is the process for Spouse of LPR who are not currently eligible for Provisional waiver.