ADVANCE PAROLE to erase all of our prior unlawful presence

Came across a few sources from USCIS and DHS that from my understanding Advance parole can be used to be readmitted to U.S. legally after triggering unlawful presence bars. Explained very nicely by a USCIS memorandum in 2009. So far I have heard of ir being used successfully by EWI married applicants to reenter the US to get their green card from their U.S. citizen spouse on our forum on Dream act portal. Implications for this is that we can apply for Advance Parole and be able to get student visas, green cards from employment or family through I-130s which can be done anyways with the new provisional status announced two weeks ago anyways. But anyways pay attention to possible benefit of Advance parole for us DACA folks and it being made safer to travel with due to another memorandum released 2 weeks ago as well. http://www.dhs.gov/sites/default/fil..._arrabally.pdf

Check this Source below, page 17 (B)

http://www.uscis.gov/sites/default/f...design_AFM.PDF

AP doesn't clear previous illegal presence. It only overwrites an EWI since your most recent entry was legal. It also doesn't trigger the 3/10 year bans, assuming you re-enter (which is what the whole ruling of Arrabally was about, that after accruing illegal presence AP causes a catch-22). Days spend in US illegally never go away unless pardoned somehow (ex. via an I-601, I-601A, or any other waiver which permits it). The memo you posted for example lists an example of an F-1 drop out who was out of status, but not accruing since no one caught onto the fact, however that still made them ineligible for adjustment under 245(c), but not under 245(k).

It's a relatively good question if AP can be used to undergo consular processing, since technically it does not cause a 3 or 10 year ban. But as far as I know, no one has been crazy enough to try.

USCIS is actually able to do much more to help than they are actually doing. One of those being granting nunc pro tunc parole (ie. retroactively) to anyone seeking adjustment, outright pardoning every single day of illegal presence the applicant may have, which could be combined with giving B-1/B-2 classification allowing the applicant to adjust via work as well.

Thank you for the links. I actually know someone whose I-94 card says D/S (F-1 visa). She's never been caught. May be she can adjust under 245(k).

In this situation the answer would likely be no, since 245(k) applies to all days when you're in violation of status, even if you are not piling up illegal presence. If she were to leave and US and re-enter US on a different visa, then yes, 245(k) would be an option since 245(k) counts days only from the last admission into US. However, consular processing always remains open.

Thank you for your clarification. She has unlawful status, but she has not accrued unlawful presence. So I am thinking 245(K) will apply. She will have to consult with a very good attorney for sure. And I know the process will be lengthy and expensive, not to mention she will have to find a sponsor for 245(K).