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#156
12-21-2012, 07:31 PM
Senior Member
Joined in May 2006
6,527 posts
Ianus
Quote:
Originally Posted by MannyGcia87 View Post
@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.
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