Question about DACA, advance parole and final orders

For those of you who are involved with advocacy organization, immigrants' right orgs, or have personal experience with this: A person with a final order of deportation, BUT who qualifies for DACA is *not* eligible for advance parole, right?
Because he or she cannot return to the U.S. under a final order of deportation and is therefore executing his or her own removal, right? If so, then such a person does not have access to ALL the benefits granted by DACA.

I ask, because I've just met someone who insists that their final order is irrelevant (because he was granted DACA and just renewed and is keen on travelling) as he 'read' on USCIS's website that he can obtain advance parole. He asked about reopening his case, but govnmt won't do it just to get rid of the final order, so in effect, preventing him from benefitting from AP. I'm a bit confused about this and thought this forum might finally be of use.

Fire away your wisdom...

If he has a final order of deportation he can not use AP tonleave the country.
He must either administratively close or terminate his deportation case before.

To do this he has to have a path to ADjust status such as marriage to us citizen or relative to sponsor.

For example in my case...if i get approved fro daca my next step would be to file form i-130 because of marriage
One the i-130 is approved my lawyer would need to file a motion to reopen my deportation case and ask the judge to allow me to adjuat status based on daca protection and the avaliability of a path to reaidency thru my

Only then once the case has been closed and i have my green card will i be able to leave the usa

hope this helps but its best if he hires an attorney.

The person IS eligible for Advance Parole, USCIS will grant it, problem being that if you depart with it you're not getting back in because you self removed.

Matter of Arrabally only pertains to the 3 and 10 year bans, it does not touch removal orders. Unless of course you want to do it and then be the precedent decision - good or bad. Unlikely that the BIA would side with you since it really undermines their own power of issuing removal orders if it gives USCIS the ability to essentially void them.

I talked to a lawyer before and basically there's nothing you can do against a removal order unless you have some method of fixing your status. ICE will simply not agree to reopening proceedings for the hell of it or solely because of AP.

So what does it look like for EWI with removal order?
You marry a US citizen. The citizen spouse files I-130 for you.
You seek reopening of proceedings since you want to try the hardship waiver or advance parole route (I am not sure if AP route is a valid argument, but considering that you can put down a whole list of arguments and court might agree or deny each of them individually then you can always put it down).
ICE will probably agree.
Immigration judge vacates previous order and reopens your proceedings.
You seek administrative closure to do the hardship waiver or AP.
Administrative closure will likely be granted.
You travel out of the country on AP and return.
Now you're an arriving alien, you can adjust status despite being in removal proceedings, however you have no right to review before a judge if your AOS is denied.
You file AOS packet with USCIS. (Note: AOS of arriving aliens is a something your typical drone worker might not know about, in case of which you might have your lawyer go with you and basically explain everything).
If there's another court session in your case you ask for a continuance since USCIS is reviewing your AOS due to them having the jurisdiction in AOS of arriving aliens.
USCIS will most likely give you a stokes interview.
If your AOS is approved then you and/or USCIS seeks to terminate the proceedings since now you're an LPR.

If your AOS is denied then you are fucked. You can try refiling with USCIS but it's questionable how well it'll work.
You might try the provisional waiver then, but considering that you already tricked them once to try AP they will likely deny that motion. In this case your only hope is to seek voluntary departure and then try the I-601 waiver.

He's not seeking adjustment of status that I know of. He's from England, born in Pakistan, moved here aged 10 w visa, fell out of status. Oh, the irony - he doesn't have EWI to clear.

Short answer to the original issue: A person with a final order of removal cannot use all the benefits granted by DACA because he/she cannot use AP for travel as leaving executes the final order.

Yours answers helped clarify this - thanks!