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DAP Forums > DREAM Act > The Lounge

Has anyone with a removal order traveled on AP (and possibly adjusted status)?

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#1
08-23-2016, 07:24 PM
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I looked everywhere. Lawyer websites, policy memos, AAO cases, BIA non-precedent cases and I didn't find anything aside what's on the USCIS website (i.e. get the proceedings reopened then administratively closed and terminated then travel with zero elaboration as to HOW get them terminated). Even talked to lawyers and the answers I got were "I don't know".

Google is really shitty when it comes to looking at complex aspects of law. I saw one source of one lawyer who said he's done AP for DACAers with removal orders but it was just a word document plastered over a few websites with no further backing or processing.


My biggest questions pertains to possibility of AP travel with a removal order counting as self removal, so - despite the fact you return, you just trigger a 10 year ban because you self-removed and USCIS won't let you adjust without an I-212 waiver (and waiting 5 years if it was an in absentia order).

Well, anyone? Because I have completely and utterly exhausted my sources.
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#2
08-24-2016, 02:58 AM
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this is bad.. not even Demise knows this?!
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#3
08-27-2016, 11:58 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
this is bad.. not even Demise knows this?!
So, I had one member who did travel on AP with a removal order private message me.
He was allowed back into US, but hasn't attempted to AOS yet, so the question regarding applicability of 212(a)(9)(A) and 212(a)(6)(B) bans is still very much valid. Thing is - since AP entrants are arriving aliens, there will never be a BIA decision in this case. So whatever AAO will decide will be law.


Just out of curiosity I sent a request for a joint motion to reopen with the ICE office at the Phoenix court, just so I can do AP. I'm 99% sure they'll tell me to go fuck myself but we shall see what they say, if anything.
Last edited by Demise; 08-28-2016 at 12:07 AM..
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#4
09-09-2016, 04:39 AM
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Joined in Sep 2016
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Sky is the limit
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I don't have much knowledge on your situation. But I wanted to share two examples I found from Google and social media.

I one case a lady was approved for AP with an order for voluntary removal. She left and came back from her trip to Mexico with no issues.

In the other case Google " daca mother of three deported" when she arrived at Chicago airport with AP approved because she had two orders of removal. On a update on her case they did allow her back into U.S. after she was sent back to Mexico because she had Daca. But know she has a court case for removal to fight from within the U.S..


From all the research I've done on advance parole if you have an order for removal, they recommend having the case administratively closed before you travel. But who knows who much time and money that might take.

Best wishes in all you do.
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#5
09-09-2016, 11:16 AM
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juvi
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WTF Demise... if you don't know. We are indeed screwed! I'm in the same situation and I know we talked about this in the past but I'm yet to pull the trigger on hiring an attorney.
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#6
11-23-2016, 06:56 AM
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From what I have read removal order has to be terminated. I'm assuming your past your limits to file a motion towards your removal case...

File a joint motion to reopen with your regional OCC. You'll need a lawyer. You will also need some benefit/way to adjust your status that was not available to you at time of removal. Once The government agrees to reopen the case and terminate, the joint motion goes to the immigration judge that originally ordered you removed. And he/she makes a decision. At this point, I think you as might as well just wait til you have your greencard in hand.

I tried a joint motion when I got my daca. It was denied. Got married to USC, approved I-130, tried again August 2015, denied Feb 2016. I think lawyer didn't give enough of a background to my story, but we tried again as to why I deserved some prosecutorial discretion, and they approved. Got sent to judge. He denied because Joint motion not filled correctly. Lawyer didn't tell me. He resent the motion to OCC. they received it, and allegedly forwarded to the judge (around July 2016). Still waiting. A lot of fucking waiting. These Judges have a lot of power... You'd think this would be a straight forward decision for him.
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#7
11-23-2016, 12:25 PM
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How would you even know that you have an removal order?
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#8
11-23-2016, 11:26 PM
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Complete an FOIA request for your name/information with USCIS and EOIR. Also, if you have your alien number, call the case status hotline. Quick and easy way to get SOME information.
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#9
11-24-2016, 01:51 PM
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I am curious how young were you when you guys got removal orders, also what would be the circumstances.
These are the times when an Obama "pardon" could certainly help a lot of people.
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#10
11-24-2016, 05:25 PM
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Crilly
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Quote:
Originally Posted by Got_Daca View Post
How would you even know that you have an removal order?
By court.
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