Tourist visa overstay won’t be permanent obstacle

Here is a question answered via Allen Wernick concerning Dreamers and AP! Relevent parts are highlighted.

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.

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.

^Not sure where the confusion is, but to me it sounds like you're stating my previous post is somehow implying that AP is granting permanent residence.

I specifically said it's for I-130 or family petition beneficiaries, there are those of us who have either approved or close to getting a F1 or F2 Family Visa categories, however it requires a visit to a US consulate in the home country. DACA does not provide legal avenue, which has been said a thousand times, but the I-130 is a separate and existing legal channel - that some of us just might qualify in respect to the 3/10 yr ban if the consulate interviews were allowed.

Also, I believe the waiver you're mentioning only still applies to 'immediate relatives' which is of no use to people over 21.

edit: I guess I need to spell everything out, some of the stuff I assume everyone knows which I guess is not the case, when I said "adjust of status available for EWI's", this is (of course) for people with EXISTING separate legal channels such as marriage to citizenship or etc. Everything I've said so far I am relying people to not be a complete idiot thinking an AP grants any permanent legal status in any shape or form, but could merely be used as a 'bridge' to complete an existing petition or ban waiver.

>Implying we all have U.S. citizen relatives
>Implying we will marry a U.S. citizen
>Implying there's such a thing as a Mexican named "John"

... the topic at hand and the entire article is talking about AP and potential beneficiary for AOS.

What's there to imply? This isn't meant to exclude anyone but merely addressing an issue that'll have to get worked out.

hi k-man, i think we might be in the same boat. my entire family are all citizens.... but since i'm over 21, my mom isn't counted as my "immediate relative". I'm thinking perhaps once the petition time is up, we can use the AP to go back to the original country for the interview and come back without the ban?

^That'd be ideal and easy enough, but you (and anyone applicable) should really wait for more definitive guidelines before taking the plunge. In my opinion, the USCIS mixing DACA and AP, with the current backward ass immigration system shot themselves in the foot. It's going to be a lot of "Oh you're here outside the states, but technically you're not, even though you're physically present, you never were, etc."

Looks like getting the AP granted would be easy enough, but the concern would be US Consulate abroad can say: "You have an approved I-130 and the PR visa is available to you, but we can't issue it because you accrued a 3/10 year ban on your 'permanent immigration history', even though you have an AP to re-enter the states."

At the worst I guess it could just be a trip back home country and back, but it's going to suck for people who have to spend 2k to fly back 18 hours, vs. driving across the neighboring border and back.

Hopefully they'll touch on this issue when further clarifying the AP guidelines... but unless they do another 'executive tweaking' specifically for this, or an actual congressional reform, I'm leaning towards the consulate denying the petition approval as of status quo.

The article states that you will travel with AP and adjust status in the states - not use AP to adjust in your home country. You don't really need AP to do that.

^That only applies to EWI's with no record of entry, where the AP will create a 'legal' entry record.

For overstays, yeah you don't need AP to depart to home country for the consulate interview - but you would need it for the return trip due to the 3/10yr ban.