DREAM Act Portal Forum

DREAM Act Portal Forum (http://dreamact.info/forum/index.php)
-   The Lounge (http://dreamact.info/forum/forumdisplay.php?f=26)
-   -   Back from traveling with AP through DACA (http://dreamact.info/forum/showthread.php?t=36148)

Lost Generation 12-21-2012 02:46 PM

Re: Back from traveling with AP through DACA
 
Wow..

FlyinAgainstTheWind 12-21-2012 03:08 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 397904)
yeah I was talking to my sister in law about this. Since it is up to them when you get back. But if you dont have any of that it might be harder for the rest us who dont want tto married and have kids hmm

We still have to wait for the guy who created the other AP thread to update us. He said he had a sick relative too. But, he wasn't married and did not have kids.

msaccountant 12-21-2012 03:14 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by soccerlilly03 (Post 397872)
sorry I'm on my phone its hard to keep up. I sent only 1 paper it explained in great detailwhat she has and her info and it is signedby her doctor. My sisn'law translated it and we sent both original and translation I will try to post a pic of the cover letter later today.

I don't think it'll be necessary for you to do that. You've provided enough proof (again sorry if anyone called you a troll) but everyone's case will most likely be different so don't worry about it. Like I said everyone else should wait and please have a very good reason and speak with an attorney. :)

Quote:

Originally Posted by FlyinAgainstTheWind (Post 397899)
She said she is going to include approval letter later. I wonder if anybody ever petition for her as a child. It is still a little weird that they were so lenient. But, i agree with dream maybe the fact she is married to a USC with a USC child made the difference. Maybe CBP and USCIS realized that she would be eligible for AOS after entry. It is the only thing that could really explain it.

Ah I didn't think of that. But still makes them seem so lenient. Oh well, I'm not planning on doing this but for those of you who are be safe.

I guess only those of us that are married to a USC/have kids could adjust our status by doing this and everyone else won't be able to am I correct?

Quote:

Originally Posted by Pianoswithoutfaith (Post 397904)
yeah I was talking to my sister in law about this. Since it is up to them when you get back. But if you dont have any of that it might be harder for the rest us who dont want tto married and have kids hmm

^Same thing I'm thinking oh well.

FlyinAgainstTheWind 12-21-2012 03:25 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by msaccountant (Post 397936)
I don't think it'll be necessary for you to do that. You've provided enough proof (again sorry if anyone called you a troll) but everyone's case will most likely be different so don't worry about it. Like I said everyone else should wait and please have a very good reason and speak with an attorney. :)



Ah I didn't think of that. But still makes them seem so lenient. Oh well, I'm not planning on doing this but for those of you who are be safe.

I guess only those of us that are married to a USC/have kids could adjust our status by doing this and everyone else won't be able to am I correct?



^Same thing I'm thinking oh well.

I think so. I think and old 245i explains it. But again CBP, ICE, and USCIS can be weird and exercise discretion. But the discrepancies are baffling. Soccerlilly is your husband in the military? Sorry for all the question but just trying to get and idea of the process. I did have a neighbor who was granted adjustment of status during her first interview in Ciudad Juarez because she had a USC child and had her husband's deployment papers with her. She went in for the interview was asked to come back in the afternoon and was asked for the papers again. She was granted her papers right there and was just told not to open the package until CBP inspected the papers at her entry. EWI too that is why she had to exit.

Edit: In addition we would all have to find sick grandparents or relatives. Lying about it is basically fraud. Not sure still about study abroad or travel for work AP. Some person was just turned down because they are DACA for an internship. So, I think it is going to be tough for us to be hired for travel jobs.

MDxOD 12-21-2012 03:33 PM

Re: Back from traveling with AP through DACA
 
Wow some of you guys are hardcore...OP i think they want footage of you from womb to what youre doing this very minute...only then will you have truly "delivered". :twisted:

nesto90 12-21-2012 03:40 PM

Re: Back from traveling with AP through DACA
 
Or maybe AP is a valid reason to be admitted lol

MannyGcia87 12-21-2012 04:03 PM

Re: Back from traveling with AP through DACA
 
good to hear its all real! haha congrats.

@Ianus i know you can apply for AP with an AOS application, but what i was trying to get at is if you are a DACA which supposedly wasn't going to allow a "path" to legalizing why would USCIS grant AP to DACA beneficiaries? BTW if you were EWI you would not qualify for AOS on the grounds of inadmissibility, so how then would you be approved for AP? doesn't make sense.

nesto90 12-21-2012 04:13 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by MannyGcia87 (Post 397979)
good to hear its all real! haha congrats.

@Ianus i know you can apply for AP with an AOS application, but what i was trying to get at is if you are a DACA which supposedly wasn't going to allow a "path" to legalizing why would USCIS grant AP to DACA beneficiaries? BTW if you were EWI you would not qualify for AOS on the grounds of inadmissibility, so how then would you be approved for AP? doesn't make sense.

Well USCIS gave us the ability of AP to leave the country not to AOS

msaccountant 12-21-2012 04:17 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by FlyinAgainstTheWind (Post 397946)
I think so. I think and old 245i explains it. But again CBP, ICE, and USCIS can be weird and exercise discretion. But the discrepancies are baffling. Soccerlilly is your husband in the military? Sorry for all the question but just trying to get and idea of the process. I did have a neighbor who was granted adjustment of status during her first interview in Ciudad Juarez because she had a USC child and had her husband's deployment papers with her. She went in for the interview was asked to come back in the afternoon and was asked for the papers again. She was granted her papers right there and was just told not to open the package until CBP inspected the papers at her entry. EWI too that is why she had to exit.

Edit: In addition we would all have to find sick grandparents or relatives. Lying about it is basically fraud. Not sure still about study abroad or travel for work AP. Some person was just turned down because they are DACA for an internship. So, I think it is going to be tough for us to be hired for travel jobs.

So much for getting an internship or hired by one of the Big 4. :cry:

MannyGcia87 12-21-2012 04:18 PM

Re: Back from traveling with AP through DACA
 
^^yes true, but with the AP you would then be able to leave and re-enter with out triggering the 3/10 year bar and would grant you legal entry into the US so you would not be considered EWI anymore, which would allow you to Adjust status with an immediate relative(marriage, parents).

buckminsterfullerene 12-21-2012 04:19 PM

Re: Back from traveling with AP through DACA
 
OP thank you for responding to questions and informing us of your success with AP.

msaccountant 12-21-2012 04:19 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by MannyGcia87 (Post 397991)
^^yes true, but with the AP you would then be able to leave and re-enter with out triggering the 3/10 year bar and would grant you legal entry into the US so you would not be considered EWI anymore, which would allow you to Adjust status with an immediate relative(marriage, parents, siblings).

Wait we can adjust through siblings? I was told that could only happen if you're younger than them...wth?

FlyinAgainstTheWind 12-21-2012 04:19 PM

Re: Back from traveling with AP through DACA
 
^We are going to be able to receive AP the process is not yet completed. It is just a weird case that is why it was so hard to believe. So many incongruities. I think she just got lucky and her paralegal sister in law must be a badass. She should post what attorney she works for so we can go to him.

FlyinAgainstTheWind 12-21-2012 04:22 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by msaccountant (Post 397936)
I don't think it'll be necessary for you to do that. You've provided enough proof (again sorry if anyone called you a troll) but everyone's case will most likely be different so don't worry about it. Like I said everyone else should wait and please have a very good reason and speak with an attorney. :)



Ah I didn't think of that. But still makes them seem so lenient. Oh well, I'm not planning on doing this but for those of you who are be safe.

I guess only those of us that are married to a USC/have kids could adjust our status by doing this and everyone else won't be able to am I correct?


^Same thing I'm thinking oh well.

Quote:

Originally Posted by msaccountant (Post 397993)
Wait we can adjust through siblings? I was told that could only happen if you're younger than them...wth?

I don't think their age relative to yours matter but your age at the time they petition you does. Because it puts you in like a different category so your basically waiting 10 years or more. I'm still trying to decide if I should waste the money on the petition through my brothers or just wait for dream since it would probably be faster.

MDxOD 12-21-2012 04:24 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by FlyinAgainstTheWind (Post 397998)
I don't think their age relative to yours matter but your age at the time they petition you does. Because it puts you in like a different category so your basically waiting 10 years or more. I'm still trying to decide if I should waste the money on the petition through my brothers or just wait for dream since it would probably be faster.

Hey, i was referring to this: http://dreamact.info/forum/showpost....94&postcount=8

But i think you may have answered it when you said something about the waiver lol.

Pianoswithoutfaith 12-21-2012 04:24 PM

Re: Back from traveling with AP through DACA
 
Or both ! Lol

MadMan 12-21-2012 04:24 PM

Re: Back from traveling with AP through DACA
 
Thanks OP.

MannyGcia87 12-21-2012 04:25 PM

Re: Back from traveling with AP through DACA
 
yes you can file through your siblings, like flying said it would take years for a visa to become available, thats why i took it out lol

msaccountant 12-21-2012 04:32 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by FlyinAgainstTheWind (Post 397998)
I don't think their age relative to yours matter but your age at the time they petition you does. Because it puts you in like a different category so your basically waiting 10 years or more. I'm still trying to decide if I should waste the money on the petition through my brothers or just wait for dream since it would probably be faster.

Quote:

Originally Posted by MannyGcia87 (Post 398005)
yes you can file through your siblings, like flying said it would take years for a visa to become available, thats why i took it out lol

Oh okay now I understand. Well I'll probably wait for the DA instead besides it'll be sometime before my siblings could petition me. lol

FlyinAgainstTheWind 12-21-2012 04:42 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by nesto90 (Post 397987)
Well USCIS gave us the ability of AP to leave the country not to AOS

But the fact you re-enter with AP counts as entering with inspection. So, it makes it easier to AOS within the country.

4justice 12-21-2012 04:50 PM

Re: Back from traveling with AP through DACA
 
I hate how some people on here are questioning the validity of this story as if they themselves were experts in the field or immigration officers. Calm the hell down. Not everyone is a troll and not every story is fake. You don't know EVERYTHING that the officers know. If she didn't show her work permit, maybe it was for the fact that is clearly says NOT VALID FOR RE-ENTRY.....FFS. I myself didn't know what an EAD was every time I saw it on here. People do not think the same as you, so don't expect them to.

FlyinAgainstTheWind 12-21-2012 04:54 PM

Re: Back from traveling with AP through DACA
 
^ I think you should go back and read the rest of the comments. Because there are repercussions to taking things at face value. Your a little late to the party.

FlyinAgainstTheWind 12-21-2012 04:59 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by msaccountant (Post 397990)
So much for getting an internship or hired by one of the Big 4. :cry:

Well, she/he said it wan an internship but did not elaborate what type it was. I think is going to depend on each company. But, I just think we only have 2 years. We probably have to reapply 6 months prior to expiration. We would be applying for jobs for the 1-2months. That leaves us with like 16months of work minus 1-2 of training. 90 days for insurance and review. I'm going for small stable jobs. I think large companies have more complicated rules.


edit: I'm going hiking tom so I will probably be MIA this evening and weekend. Have a happy weekend. Any updates I will read early next week. Thank you for answering our question is advance soccerlilly and sorry I came out harsh but some people are freaking cruel. I'm just trying to protect our own. I've given the benefit of the doubt to various people but totally over that. Do do something to keep your mind off things. We will all be approved soon.

Pianoswithoutfaith 12-21-2012 05:56 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by FlyinAgainstTheWind (Post 398033)
^ I think you should go back and read the rest of the comments. Because there are repercussions to taking things at face value. Your a little late to the party.

Way too late

redqueen2012 12-21-2012 06:03 PM

Re: Back from traveling with AP through DACA
 
Yeah, It sure is scary as hell to read through some of the threads here, but at the same time, I do understand where everyone is coming from. For us, who have so many things in this country, we sure do not want to risk our chance of returning back to the states even when we are clearly dying to set our feet on our mother country one more time.

I am really happy to see that someone has been successful with the whole AP thing. There has been so much speculation on whether someone who has obtained AP through DACA would, or would not be able to re-enter the country. While there still exists some doubts, mainly because all case is different, your success has surely lightened up some of our hope.

It has been just over a month since I got my EAD, and, although I am just darn busy and scared to try it out at this moment, I am surely going to file for an AP to see my aging grandmother who is over 90 yo (maybe towards the middle of next year). Therefore, I thank you OP for this great news.

Ianus 12-21-2012 06:08 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by msaccountant (Post 397993)
Wait we can adjust through siblings? I was told that could only happen if you're younger than them...wth?

Completely dependent on if the individual is under 245i.Siblings are required to be US citizens and over the age of 21 before they can file and see further requirements here.The age of the beneficiary being filed for is NOT taken into consideration only the US citizen petitioner.If anyone says anything about the age of the beneficiary being a factor it is completely false!

The problem with sibling petitions is that the beneficiary would have to be under 245i in order to have the adjustment interview on US soil whether the individual is an EWI or visa overstay.Sibling petitions do not count as excusing unlawful presence for visa overstays as they are not considered to be immediate relatives.

Quote:

Originally Posted by MannyGcia87 (Post 397979)
@Ianus i know you can apply for AP with an AOS application, but what i was trying to get at is if you are a DACA which supposedly wasn't going to allow a "path" to legalizing why would USCIS grant AP to DACA beneficiaries? BTW if you were EWI you would not qualify for AOS on the grounds of inadmissibility, so how then would you be approved for AP? doesn't make sense.

Try to seperate the two so it isn't as confusing.AP has been around much longer than the implementation of DACA so I fail to see what is so surprising about this.The OP had an emergency abroad concerning a family member and was approved and provided Humanitarian relief to travel based on the finite information that her specific case required and came back without issue legally!

You're mistaken,a single Entry Without Inspection is not a "grounds of inadmissability.EWI is simply how you entered the United States! What restricts an individual from Adjusting status in the US is mainly how they entered! Grounds of Inadmissability usually deals with if an individual has crimes abroad or in the US,lied on an Immigration form before,has a disease,re-entering after being unlawfully present etc....lol

Not to be mistaken either,The OP had very strong ties to the US and definitely would have been allowed in so CBP did.

Pianoswithoutfaith 12-21-2012 06:19 PM

Re: Back from traveling with AP through DACA
 
Yeah OP has a kid and husband most of us don't and entry is all up the cpb

msaccountant 12-21-2012 06:20 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by Ianus (Post 398061)
Completely dependent on if the individual is under 245i.Siblings are required to be US citizens and over the age of 21 before they can file and see further requirements here.The age of the beneficiary being filed for is NOT taken into consideration only the US citizen petitioner.If anyone says anything about the age of the beneficiary being a factor it is completely false!

The problem with sibling petitions is that the beneficiary would have to be under 245i in order to have the adjustment interview on US soil whether the individual is an EWI or visa overstay.Sibling petitions do not count as excusing unlawful presence for visa overstays as they are not considered to be immediate relatives.

Try to seperate the two so it isn't as confusing.AP has been around much longer than the implementation of DACA so I fail to see what is so surprising about this.The OP had an emergency abroad concerning a family member and was approved and provided Humanitarian relief to travel based on the finite information that her specific case required and came back without issue legally!

You're mistaken,a single Entry Without Inspection is not a "grounds of inadmissability.EWI is simply how you entered the United States! What restricts an individual from Adjusting status in the US is mainly how they entered! Grounds of Inadmissability usually deals with if an individual has crimes abroad or in the US,lied on an Immigration form before,has a disease,re-entering after being unlawfully present etc....lol

Not to be mistaken either,The OP had very strong ties to the US and definitely would have been allowed in so CBP did.

Oh okay thank you for the information Ianus you're always very helpful. I think that will be back-up plan just in case the DA/CIR or something similar does not pass in the next 4 years since like I said I'm currently ineligible because of my sibling's age.

superanxious 12-21-2012 06:40 PM

Re: Back from traveling with AP through DACA
 
My husband brother is a USC, he does not quality for DACA. HE IS A EWI. I think this November something was gonna happen that u didn't had to go back to your country if a immediate family was adjusting your status is this true???

Pianoswithoutfaith 12-21-2012 06:44 PM

Re: Back from traveling with AP through DACA
 
It was an idea to waiver the 3/10 bans but nothing really has happened

MannyGcia87 12-21-2012 06:58 PM

Re: Back from traveling with AP through DACA
 
@Ianus what are you talking about? entry without inspection is grounds for inadmissibility. you entered without permission from USCIS or the State Department hence illegal entry, AKA violating immigration law/unlawful presence(http://www.immihelp.com/travel/groun...ed-states.html). With the Advance Parole i know it was implemented long before DACA, but what you fail to understand is that i'm questioning USCIS's reasoning(not the OP) for granting DACA Beneficiaries the chance to Advance parole and re-enter legally thus allowing them to adjust status if they have a USC spouse or parent submit a petition for them as they would not need to apply for a waiver therefor making it easier in contrast to consular processing.

Pianoswithoutfaith 12-21-2012 07:02 PM

Re: Back from traveling with AP through DACA
 
How easier and faster

MannyGcia87 12-21-2012 07:14 PM

Re: Back from traveling with AP through DACA
 
well in theory, you can say that you applied for AP, got approved and made your way out of the country, if all goes well and they let you re-enter you would be set to simply adjust your status. In contrast with Consular processing, you would petition first go to your country of origin for your visa appointment while at the same time triggering the 3/10 bar from entering the US, thats when you would apply for your 601 waiver which you would have to prove extreme hardship on your USC spouse or parents, and wait in your country to see if they approve it or deny it, if they approve it your good to return, if they deny it you then have to appeal it and wait some more. So i say alot faster in theory of course.

nesto90 12-21-2012 07:16 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by MannyGcia87 (Post 398095)
@Ianus what are you talking about? entry without inspection is grounds for inadmissibility. you entered without permission from USCIS or the State Department hence illegal entry, AKA violating immigration law/unlawful presence(http://www.immihelp.com/travel/groun...ed-states.html). With the Advance Parole i know it was implemented long before DACA, but what you fail to understand is that i'm questioning USCIS's reasoning(not the OP) for granting DACA Beneficiaries the chance to Advance parole and re-enter legally thus allowing them to adjust status if they have a USC spouse or parent submit a petition for them as they would not need to apply for a waiver therefor making it easier in contrast to consular processing.

I didn't see entry without inspection as grounds of inadmissability, it's the unlawful presence that gets ya

MannyGcia87 12-21-2012 07:26 PM

Re: Back from traveling with AP through DACA
 
here:
"How can undocumented entry and immigration status violations lead to inadmissibility?

Anyone who comes to the US without permission of the USCIS or State Department is inadmissible. Failure to attend removal proceedings without a good reason makes a person inadmissible for five years. Anyone who engages in fraud or misrepresentation in an effort to enter the US is inadmissible, as are those who have made a false claim of US citizenship. Those who violate the terms of a student visa are also inadmissible for five years."

from this website:http://www.visalaw.com/05apr1/2apr105.html

Ianus 12-21-2012 07:31 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by MannyGcia87 (Post 398095)
@Ianus what are you talking about? entry without inspection is grounds for inadmissibility. you entered without permission from USCIS or the State Department hence illegal entry, AKA violating immigration law/unlawful presence(http://www.immihelp.com/travel/groun...ed-states.html). With the Advance Parole i know it was implemented long before DACA, but what you fail to understand is that i'm questioning USCIS's reasoning(not the OP) for granting DACA Beneficiaries the chance to Advance parole and re-enter legally thus allowing them to adjust status if they have a USC spouse or parent submit a petition for them as they would not need to apply for a waiver therefor making it easier in contrast to consular processing.

My prior interpretation of what you were trying to say is that the entire "Grounds of Inadmissability" should apply to the OP's applicantion for AP!

I can answer that,there reasoning is because the administrative "Deferred Action" and "Advanced Parole" is basically DACA and both have been around long enough for there to be a mature interpretation of implementation.I'm only guessing but I think they know if it was taken to court specifically as it relates to DACA and AP the result would more than likely be the same as Matter of Arrabally and Yerrabelly so no point in creating a stricter implementation and denying an individual from re-entry and preventing a previous EWI from converting to a Legal admission.It would be a waist of taxpayers money really as there is enough precedent in the courts is my simple reasoning for it.

ggalicia 12-21-2012 09:19 PM

Re: Back from traveling with AP through DACA
 
EAD AND AP are in a combo CARD

ggalicia 12-21-2012 09:20 PM

Re: Back from traveling with AP through DACA
 
And I can't see the image

sk16 01-10-2013 02:03 PM

Re: Back from traveling with AP through DACA
 
Quote:

Originally Posted by ggalicia (Post 398205)
EAD AND AP are in a combo CARD

only if you're getting it through AOS, not for DACA andTPS holders among others

JJ Glo 01-10-2013 05:36 PM

Re: Back from traveling with AP through DACA
 
So did OP ever answer my question of what the letter from the doctor said? Or if it was multiple letters?


All times are GMT -4. The time now is 04:21 AM.

Powered by vBulletin®
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.