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DAP Forums > DREAM Act > The Lounge

traveling with AP before applying to green card

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#1
11-03-2014, 08:56 PM
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Joined in Sep 2013
63 posts
colombiano27
0 AP
Hi everyone...

My wife and i are waiting for our 2 year anniversary to apply for my green card and right now i have DACA. I have been wanting to travel to Colombia to see my dad who is 80 years old and is havimg some health issues. If i apply for AP and travel is there a risk when i try to apply for my green card?
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Application Sent (legal representative):*03/13/2013*- Application Received:*03/27/2013*(Nebraska)*Receipt Sent:*04/14/2013*- Receipt Received:*04/16/2013ASC Appointment:*05/4/2013. 8 months- 11/27/134
4 e request... APPROVED 1/27/14!!!!!
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#2
11-03-2014, 09:06 PM
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206 posts
brz09tls
0 AP
Plenty of good stories here of people coming back with no problems. Make sure you can get a doctor's note from your home country stating your dad's issues.

There's always a small risk and that's stated on your AP letter once you receive it but many stories written here with a good ending.

Also, if you came with no visa, the AP will enable you to change your status faster and easier. Do a search on this forum and you will find out plenty of similar stories. Research before you do anything.
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OCT 4th 2012 - DACA approved; OCT 11th - SSN; OCT 15th - License; OCT 25th - First CC approved /// JUN 6th 2014 - Renewal sent; SEP 5th - Renewal approved! /// APR 24th 2016 - 2nd Renewal Sent; AUG 8th - 2nd Renewal approved
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#3
11-03-2014, 09:25 PM
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edison's Avatar
edison
0 AP
I don't think that should be a problem, because leaving with advance parole does not break continuous residency so that's like you never left the country. I would just do more research about this
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Renewal Received 06/24/16 Bio App 07/19/16 Approved 10/19/16 Ead 11/02/16
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#4
11-03-2014, 09:35 PM
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257 posts
Pancho1
0 AP
i traveled with AP. I was EWI now im Paroled, pretty much if i get married to a USC i can adjust status here and less costly too. Honestly as long as Obama is in office I would suggest to travel with AP. Once and if republicans take over things policies might change IMO. Did you hear about the Harvard student that left without AP to Mx with his terminal ill mother and wanted to come back. Well they let him back in. cool story http://latino.foxnews.com/latino/pol...ter-mom-death/
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#5
11-04-2014, 01:14 AM
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Joined in Oct 2012
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Fer78566's Avatar
Fer78566
0 AP
check out this link

http://www.nolo.com/legal-encycloped...st-status.html

If I leave and return to the U.S. with DACA, can I adjust status?
The strategy of leaving and entering the U.S. with advance parole has worked for adjustment seekers in the past, but is risky and may not work for everyone.

Question
I came to the U.S. with my parents from Mexico when I was three years old. Now I am married to a U.S. citizen. I tried to apply for a green card two years ago, but I learned it wasn’t possible to do that from inside the U.S., because of how I entered the country illegally. I got DACA instead. But now someone told me that if I travel to Mexico and then come back legally with DACA, even if it’s just the next day, then I can apply for the green card from inside the U.S. Is it true?
Answer
Possibly yes, but be cautious. Recipients of Deferred Action for Childhood Arrivals (DACA) who originally entered the U.S. illegally may be allowed to reenter the country legally by obtaining a travel document called advance parole. Reentry with an advance parole document may then allow them to satisfy the legal entry requirement for adjustment of status (making them eligible to apply for the green card from within the United States upon return).
However, this has been possible only because of a technicality (what some might describe as a “loophole”), and there is still a chance that, in the future, the Department of Homeland Security or DHS (the agency that controls immigration) will decide to change or reinterpret DACA in a way that does not allow its recipients to adjust status.
Moreover, traveling with DACA solely for the purpose of reentering the U.S. to adjust status (if that is your intent) is actually not allowed. Advance parole is available to DACA recipients who intend to travel for very limited (humanitarian, employment or educational) purposes. It is not always clear what might qualify as one of these purposes, but it is very clear that the goal of traveling solely for the purpose of satisfying the legal entry requirement for adjustment of status is not one of them.
This is something to keep in mind, because traveling on advance parole can be difficult and risky — difficult because U.S. Citizenship and Immigration Services or USCIS (a branch of DHS) could decide to deny your request for advance parole, and risky because, even if USCIS grants you advance parole, U.S. Customs and Border Protection or CBP (another branch of DHS) could still decide to keep you out when you try to come back to the United States.
(If CBP decides to keep you out, then you will probably be removed to your home country of Mexico, after which you will be required to apply for a special permission before your green card application can be processed at a U.S. embassy or consulate.)
The difficulty and the risk will only increase as DHS begins to suspect that more and more DACA recipients are traveling solely for the purpose of bypassing the law that limits adjustment of status.
You should check with an attorney to find out the latest on this issue, and to evaluate the many risks of departure.
by: Amien Kacou
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Approved: 11/06/12SSN Applied: 11/13/12 SSN Arrived: 11/19/12
Renewal Sent: 09/05/14 Received: 09/08/14 Biometrics Appt:10/03/14
Walk-in:09/23/14 Approved:10/03/14
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#6
11-04-2014, 12:27 PM
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Joined in Sep 2013
63 posts
colombiano27
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But if i came with a visa and overstayed and i travel with AP before adjusting my status through my wife... would there be any issues when getting my green card ?
__________________
Application Sent (legal representative):*03/13/2013*- Application Received:*03/27/2013*(Nebraska)*Receipt Sent:*04/14/2013*- Receipt Received:*04/16/2013ASC Appointment:*05/4/2013. 8 months- 11/27/134
4 e request... APPROVED 1/27/14!!!!!
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#7
11-04-2014, 02:35 PM
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Joined in Jul 2013
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smilieface1
0 AP
Quote:
Originally Posted by colombiano27 View Post
But if i came with a visa and overstayed and i travel with AP before adjusting my status through my wife... would there be any issues when getting my green card ?
If you overstayed, you don't even need AP to adjust. Your visa/I-94 1s proof of your legal entrance. Any unlawful presence accrued is forgiving.
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#8
11-04-2014, 03:07 PM
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Joined in Mar 2013
9 posts
Singh347
0 AP
Enter USA in 2004 EWI

Got married in 2009 and we have 2 kids

Daca sent - 01/21/2013
Bio done - 2/20/2013
Approved- 01/30/2014
EAD recived- 2/06/2014

June 2014- went India on advance parole
July 2014- came back with no problem

Stamped my passport Paroled in July 2014


File I-130, I-485, I-765, I-131 on 09/10/2014
Recived- 09/15/2014
Bio done- 10/10/2014
I-485 ready for testing and interview - 10/15/2014
I-765, I-131- approved 10/21/2014

Waiting for interview notice
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#9
11-04-2014, 05:34 PM
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Joined in Nov 2012
15,081 posts
Pianoswithoutfaith's Avatar
Pianoswithoutfaith
30 AP
Quote:
Originally Posted by smilieface1 View Post
If you overstayed, you don't even need AP to adjust. Your visa/I-94 1s proof of your legal entrance. Any unlawful presence accrued is forgiving.
This

People who are using AP to adjust are doing so they can visit their sick relatively I guess. I wonder if they lied about actually visiting a sick relative.. but those using AP to adjust do so because they enter here with out inspection. If you entered with inspection you dint need AP
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#10
11-05-2014, 03:21 AM
Senior Member
Joined in Aug 2012
115 posts
Yume
0 AP
Quote:
Originally Posted by Singh347 View Post
Enter USA in 2004 EWI

Got married in 2009 and we have 2 kids

Daca sent - 01/21/2013
Bio done - 2/20/2013
Approved- 01/30/2014
EAD recived- 2/06/2014

June 2014- went India on advance parole
July 2014- came back with no problem

Stamped my passport Paroled in July 2014


File I-130, I-485, I-765, I-131 on 09/10/2014
Recived- 09/15/2014
Bio done- 10/10/2014
I-485 ready for testing and interview - 10/15/2014
I-765, I-131- approved 10/21/2014

Waiting for interview notice
Did you originally ewi? And did you send your i94 and advance parole documents? Very curious.
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[Case type] EWI at 2. Working/collage. Married.

DACA RENEWAL Application Completed By - Me (w/o lawyer) | Date Application Received - 8/5 | Date I-797 C Received - 8/11 I Date Biometrics Scheduled - 9/5 RENEWED EAD 9/25
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