MannyGcia87 |
12-21-2012 04:12 AM |
Re: Back from traveling with AP through DACA
Advanced parole are generally accepted for pending i-485 applications, are your sure your sister didn't file a i-485 on your behalf in order to qualify for AP? I'm not really sure how the DACA allows you to apply for AP as you would not qualify for adjusting status. as for you being able to come back with just showing the AP document and getting the i-94 at the border crossing is correct, however im curious as to why they didn't stamp your passport with the i-94.
***EDIT**
Ahhh never mind doing a little searching would have helped lol, according to the uscis website about DACA:
"Application procedures for advance parole for individuals with deferred action are being finalized. USCIS expects to incorporate those requirements into USCIS Form I-131, Application for Travel Document, in the near future and will inform the public when the new form is available. Should you have a compelling need to travel outside the United States before the new instructions are issued for reasons related to your current employment, education or humanitarian purposes, you may submit Form I-131 and request advance parole from USCIS by attaching a copy of your DACA approval Form I-797, and a letter that explains your compelling need to travel to your application and send it.."
The wording in bold and yellow are the most important. so i guess it is possible, and since she is married to a USC she has a Visa immediately available to her and with the i-94 she has proof the last time she entered was legally which would allow her to adjust status as she would then not be subject to the grounds for inadmissibility , brilliant!
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