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DAP Forums > DREAM Act > The Lounge

AP application denied

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#1
08-09-2017, 02:56 AM
Junior Member
Joined in Dec 2016
11 posts
Imglirgen
0 AP
Dear all,

I have a question. Originally overstay of B1/B2 visa since 2000 (14 years old) and got DACA in 2012. Current approval until August 2018. Due to unforeseeable circumstances; I'm in my home country today.
I applied for AP for humane reasons, since my grandfather passed away in March of this year. My application was sent on May 1st and I received an RFE on June 15th.
I sent in my birth certificate as proof of my relationship with my grandfather and my grandfather's death certificate. I could not get hold of my dad while in the US, so my father's birth cert was not sent. I sent the RFE response on June 22nd.

I could not wait for the response anymore and flew home on July 11th. It was eye opening to be home ( wouldn't trade it for anything). Then on July 17th, the AP application was denied because they could not establish I'm related to my grandfather. I hoped they could figure out from my father's last name. It was the LIN center.

My employer did not understand any of this (Trump bans made it worse for people who read news) and now he wants to bring me back to the US. He would like to initiate H1B1 process for me or anything possible to get me back. Hopefully I did a good job at my company. It is a small company (50 employees) but has sizeable foot print in IT .

Do I have any options, even with my employer support? Does being overstay from 2001 to 2012 initiate a ban for me at the US embassy at my home country?

Also are there any legal help resources I could talk to in the US? Thanks so much all
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#2
08-09-2017, 03:20 AM
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Joined in May 2016
2,683 posts
jaylove16
0 AP
Wow ! Sorry, but I think you triggered the 10 year ban. Why couldn't you wait till you got a decision? You basically self deported . Sorry for your grandfather passing away . Btw, I just don't understand how you could leave knowing you had no legal status and expect to come back!
Last edited by jaylove16; 08-09-2017 at 03:24 AM..
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#3
08-09-2017, 07:14 AM
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Joined in Jun 2017
64 posts
ohllamabanana
0 AP
If I can recall, if you leave while your AP is still being processed, USCIS deems the application voided. By leaving without approval, you have stripped your DACA away and inherently prompted a 10 year ban.

I hope someone can correct me but that is the gist of what I am getting after reading USCIS.
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#4
08-09-2017, 07:21 AM
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BeeHive
0 AP
You screwed up by leaving man. Think about what your grandpa would have said to you? You left a great life you worked hard off to risk it all with a new beginning. Sometimes we make mistakes, learn from them.

I am sorry.
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#5
08-09-2017, 07:28 AM
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JohannBernoulli1667
0 AP
What the fuck did you do man?

It does not take long to research this on the internet...

Good luck to you, there is nothing you can do to ever come back unless you marry a usc and that could take 10 years because of the ban.

Also, this is IMPORTANT, DO NOT attempt to come back illegally. If you get caught, you would most likely will, or even if you make it through illegally. You will be permanently banned, which means, you can never get a green card.
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#6
08-09-2017, 07:33 AM
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BeeHive
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Quote:
Originally Posted by JohannBernoulli1667 View Post
What the fuck did you do man?

It does not take long to research this on the internet...

Good luck to you, there is nothing you can do to ever come back unless you marry a usc and that could take 10 years because of the ban.

Also, this is IMPORTANT, DO NOT attempt to come back illegally. If you get caught, you would most likely will, or even if you make it through illegally. You will be permanently banned, which means, you can never get a green card.
Aside from this, prices to cross the border have tremendously increased because of trump. And please don't try it, it is very dangerous to cross now a days.
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#7
08-09-2017, 09:44 AM
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Ianus
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Because you are a visa overstay and have left voluntarily without permission using AP, DACA is not only null and void for life, but you will also acquire a permanent bar if you try to re-enter. As it stands, the 10 year bar is in effect when you left.
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#8
08-09-2017, 09:45 AM
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DogJuiceMan
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You fucked up super badly. Best of luck in your new home I guess.

See ya in 10 years.
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#9
08-09-2017, 09:58 AM
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fl_dreamer
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That is unfortunate. I hope and pray you can get some peace in the decision you made.
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#10
08-09-2017, 10:04 AM
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Joined in Jul 2017
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Whereisthelight
0 AP
Oh man!
I strongly advise you to consult an attorney and even get a second or third opinion, if it'll give you peace of mind.
I advise you to start a new life out there and make the best of it. You are skilled and know the English language, those are a huge plus.
Please do not attempt to re-enter illegally, putting your life at risk is not worth the so called American dream. It's not getting any easier.
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