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DAP Forums > DREAM Act > The Lounge

EWI, Advance Parole, and Adjustment via Marriage

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#1
08-21-2012, 03:37 PM
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I am just wondering, does re-entering US on advance parole count as being paroled in for adjustment purposes or does it change nothing?

Alternatively seeing how it doesn't trigger the 3/10 year ban would it enable consular processing?
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Last edited by Demise; 08-21-2012 at 03:48 PM..
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#2
08-21-2012, 05:06 PM
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no one is really clear on that as the BIA decision was just passed regarding matter of arrabally. Basically they ruled that leaving under advance parole does not trigger the ban since it's not a "departure". From what i have heard this is good news to people who are leaving during adjustment because THEY HAVE TO LET YOU IN NO MATTER HOW LONG YOU HAVE OVERSTAYED. no one is really sure about how this can apply to us dreamers and TPS beneficiary, though. but i dont think there is any reason for us to not benefit from this.....
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#3
08-21-2012, 05:48 PM
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Quote:
Originally Posted by sk16 View Post
no one is really clear on that as the BIA decision was just passed regarding matter of arrabally. Basically they ruled that leaving under advance parole does not trigger the ban since it's not a "departure". From what i have heard this is good news to people who are leaving during adjustment because THEY HAVE TO LET YOU IN NO MATTER HOW LONG YOU HAVE OVERSTAYED. no one is really sure about how this can apply to us dreamers and TPS beneficiary, though. but i dont think there is any reason for us to not benefit from this.....
I'd be careful with that statement....A CBP officer's "Discretion" still comes into play.

However,the parole issue seems to be more in favor of the intending immigrant right now IF there is an emergency abroad!
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#4
08-21-2012, 06:00 PM
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Quote:
Originally Posted by sk16 View Post
THEY HAVE TO LET YOU IN NO MATTER HOW LONG YOU HAVE OVERSTAYED.
Very very very incorrect.. Regardless if you have AP, there's a chance they might not let you in. Im really interested to see if they'll approve the I-131 for DACA and if they do then there's no way you can adjust because the rules says it doesn't lead to legalization or citizenship. But i know if you leave with AP on TPS then you can adjust here.. Only San Diego is against it...
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#5
08-21-2012, 06:01 PM
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elihu
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Quote:
Originally Posted by Demise View Post
I am just wondering, does re-entering US on advance parole count as being paroled in for adjustment purposes or does it change nothing?

Alternatively seeing how it doesn't trigger the 3/10 year ban would it enable consular processing?
Probably yes, because advance parole is simply another form of parole and INA 245, which handles adjustment of status, asks for admission or parole without specifying what type of parole.

Not sure. No one really knows about this one to be completely honest. I hope it does, but it'll take a gutsy maneuver to try.
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#6
08-21-2012, 06:34 PM
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Quote:
Originally Posted by Ianus View Post
I'd be careful with that statement....A CBP officer's "Discretion" still comes into play.

However,the parole issue seems to be more in favor of the intending immigrant right now IF there is an emergency abroad!
True, we are at the mercy of the CBP officer, however, a new precedent on advance parole speaks for itself. I personally would consult a lawyer and wait until DHS/USCIS/CBP start implementing the new ruling.
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#7
08-21-2012, 09:41 PM
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Hell, courts bought an argument that you can at the same time have an non-immigrant visa and not seek permanent residence and seek permanent residence (so-called dual intent). I think that with a good lawyer this can be pulled off, either way it will be easier to get through than bullshitting a phonebook of evidence for i-601.
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