Re: Back from traveling with AP through DACA
 

Wow..

Re: Back from traveling with AP through DACA
 

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.

Re: Back from traveling with AP through DACA
 

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.

Re: Back from traveling with AP through DACA
 

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.

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:

Re: Back from traveling with AP through DACA
 

Or maybe AP is a valid reason to be admitted lol

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.

Re: Back from traveling with AP through DACA
 

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

Re: Back from traveling with AP through DACA
 

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

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).

Re: Back from traveling with AP through DACA
 

OP thank you for responding to questions and informing us of your success with AP.

Re: Back from traveling with AP through DACA
 

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

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.

Re: Back from traveling with AP through DACA
 

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.

Re: Back from traveling with AP through DACA
 

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.

Re: Back from traveling with AP through DACA
 

Or both ! Lol

Re: Back from traveling with AP through DACA
 

Thanks OP.

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

Re: Back from traveling with AP through DACA
 

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

Re: Back from traveling with AP through DACA
 

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

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.

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.

Re: Back from traveling with AP through DACA
 

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.

Re: Back from traveling with AP through DACA
 

Way too late

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.

Re: Back from traveling with AP through DACA
 

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.

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

Re: Back from traveling with AP through DACA
 

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.

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???

Re: Back from traveling with AP through DACA
 

It was an idea to waiver the 3/10 bans but nothing really has happened

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.

Re: Back from traveling with AP through DACA
 

How easier and faster

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.

Re: Back from traveling with AP through DACA
 

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

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

Re: Back from traveling with AP through DACA
 

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.

Re: Back from traveling with AP through DACA
 

EAD AND AP are in a combo CARD

Re: Back from traveling with AP through DACA
 

And I can't see the image

Re: Back from traveling with AP through DACA
 

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

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?