DACA may provide a path to permanent legalization if someone can petition you

This came up from a discussion with a lawyer that is dedicating her time literally solely to DACA applications along with several non-profits.

Basically, if anyone is an EWI and currently married to a USC, if anyone has parents that are USC anyone has anyone that can petition them but have not done so because of the 10 year ban that would result from having to leave the country to get the appropriate documents in their country. DACA allows for the ability to leave the country under something they consider a parole for only humanitarian reasons, education or work. Humanitarian reasons is still a questionable area as not everything is known about what is considered a humanitarian reason, but it might apply for such a process.

It is important to note that we cannot leave without applying to do so, and there is a fee involved with that, I believe its $360 to apply and it is not guaranteed that it would be granted. No one should plan a trip outside of the country without applying and getting permission, which means after getting deferred action under DACA one would apply for the ability to exit the country and must wait until they have authorization to do so before leaving.

In doing so they may complete all the necessary operations to meet the requirements under the family petition and return to the US to complete the petition process without incurring the 10 year ban.

It is of crucial important to work with a BIA accredited lawyer in this case, and there are always risks, if anything happens to DACA in the time that you are abroad it could affect people outside of the country and and void the parole enacting the ban.

So.... leaving just to see your grandparents may be a very big risk and might not be considered a humanitarian reason to grant the parole exit.

Regardless, this is something I learned a couple days ago that could be very great for many of you and signify a path to permanent status.

I don't understand.
DACA does not provide path to legalization on it self.
You can be legalize without DACA on the options you posted.
Are you just learning of the immigration process' because of DACA?

You are talking to buckminsterfullerene.

Thanks for pointing the obvious.

Being married to a USC call lead to AOS.
Being related to a USC can lead to AOS.

I believe these Family based sponsorship have been around for decades.
What does DACA have to do with these processes?

He's basically mentioning the fact that a lot of dreamers on this forum have U.S.C. parents or family members that can petition them. Since most of them aren't covered under 245i, even if someone petitions them, they can't adjust status in the country; they would need to leave the country, but would face the 10 year ban.

Because DACA offers Advanced Parole for humanitarian purposes, if a lawyer can make a strong argument that leaving the country for the purposes of adjusting status is a humanitarian purpose, DACA can offer you a path to legalization. The key word he used is "may."

@ NotAPro, first you tried to discredit me, now you are attempting the same with another popular user. I suggest YOU get informed.

In regards to the other topic, DREAMRELIEF.ORG IS one of the official DACA websites.

The OP was referring to EWI cases, in which the person has to leave the country and possibly be banned from re-entry for 10 years. DACA might be able to help with it's Advance Parole benefit. I suggest you re-read the original post.

DACA does not provide legalization that is true, but it could provide the means by which some people may apply for legalization that could not apply before due to not being considered immediate relatives for the application or being EWI. In any case, if there is someone that can petition you, and you qualify for DACA, talk to a lawyer and see whether this is something that could benefit you and provide you with a path to a more permanent solution than DACA.

The immigration process has always existed, but people did not apply for it because of the 10 year ban that could be enacted and no guarantee that they would be able to re-enter, the parole will allow the 10 year ban not to be applied and thus allow people to re-enter, returning home to the United States rather than being forced to stay for potentially the entire and likely lengthy petition process.

I see.
It would be wise and necessary to post that leaving on Advance Parole can trigger the 10 year ban on itself also. It's been know to happen and its a risk even if you're approved.

But if you adjust DACA at 17 and apply for a green card I believe you don't get the 10 ban right? Because as a minor you have not accumulated penalty time.

I agree, it is a risk, which is why lawyers are strongly suggesting not to leave the country for any reason, as something can happen in the time you are away which could void the advance parole, it is a very critical process and should be down with the help of a BIA accredited lawyer, but for many this will be great news knowing of this potential benefit.

There is always a risk with immigration.

Even applying for DACA is a risk, once your prints are taken if they deny your application and you get arrested you will be flagged and ICE will most likely place a hold on you as you will be on the immigration system, they will have your prints.