| Ianus |
12-21-2012 01:53 PM |
Re: Back from traveling with AP through DACA
Quote:
Originally Posted by MannyGcia87
(Post 397726)
lol ya, but i find it kinda surprising that USCIS would even allow DACA beneficiaries to obtain the AP in the first place since it would basically grant them legal entry to the US lol good for us i guess.
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One doesn't necessarily have to be a DACA beneficiary to be approved AP.One can also have a pending case for Adjustment of Status and can apply for AP that way as well.If the latter for sure the individual will more than likely be allowed in so I assume Flying is just being cautious by asking for details.
Quote:
Originally Posted by Pianoswithoutfaith
(Post 397728)
we still don't know how that would work actually since DHS/USCIS is completely changing AP for us they might have a clause that prevents us from fixing our status. Since it was made broad that DACA did NOT open a path to LPR/USC status so it will be interesting!!
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No they're not,AP is AP.They can't change it to suit only one set of individuals that would be against the law.USCIS seems to be issuing regulations to streamline the process for DACA beneficiaries.It has also always been possible since AP existed but DHS I believe didn't think it counted until sued in court successfully.
Quote:
@ianus what im about to ask might be a bit awkward lol. yeah youre right in that during the interview to confirm the marriage is valid, they take the i94 from the original passport it was stapled to. My only concern is for siblings who have come here when they were children and have their i94's stapled to one of the parents' passport (including their own i94) i have heard that they pull out all of the i94s (siblings + parent) and the judge signs the passport. Have you ever heard this? I feel like it might be problematic if the judge takes all of them instead of just the person who is interviewing. After all the other sibling may presumably try to marriage aos later on or the parent might need it.
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The I-94's that are in the Parent's passport should still count as a legal entry document for the children because DHS creates a file on all non-citizen Aliens they encounter and the I-94 documents in question would go to each respective individual's A-file showcasing a record of legal entry.
Concerning the issue of an I-797 that is atypical USCIS procedure where they give updates on a person's case through a Notice of Action[I-797] whether updates or approvals,however the latter counts as an official document and can be used so the OP seemed legit.
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