Quote:
Originally Posted by K-Man
I've seen mixed articles about this... from different attorneys. To me it sounds wayyy too convenient and easy for EWI DACA applicants, to leave/reenter with an AP and bam, EWI erased, adjustment of status available. The rule of thumb has always been more leniency for inspected entry/over stays vs. EWI's, but this almost reverses that situation (if true.)
I also haven't seen ANY discussion at length whether one can leave on AP to conduct a I-130 consulate interview and come back with a Permanent Resident status. Hopefully the USCIS can release more details regarding this, or even better further tweak some of the guidelines for DACA beneficiaries.
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You dont come back to the USA and automatically have PR after traveling with AP. That's ridiculous. What happens is that when you travel with advanced parole your departure and re-entry is LEGAL. When you adjust they will only look at your last entry. Since it was legal through advanced parole and you came to the USA with a visa you can adjust in the USA if you were EWI and traveled with advanced parole and re- entered with advanced parole through DACA and later try to adjust you would adjust through your home country visa center and when they look at your last entry through advanced parole it counts as LEGAL and doesnt trigger the 3-10 yr bar. It has been done before. Also there is the New Provisional Waiver rule for those who EWI and want to adjust through a family petition who can prove hardship without trigerring the 3-10 year bar.
__________________
Initial application mailed: 8/28/12
Approved: 10/25/12
Renewal received: 12/26/14
Biometrics completed: 1/20/15
Renewal Approved: 1/23/15
EAD Received: 1/29/15
Last edited by Tortoise77; 12-29-2012 at 02:48 AM..