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DAP Forums > DREAM Act > The Lounge

New Advance Parole Info - Page 3

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#21
12-15-2012, 01:33 AM
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Quote:
Originally Posted by Demise View Post
It means that EWI will not be able to do so since it's another inadmissibility. So there goes using AP to adjust via marriage for EWIs.
Wait for Clarification,we still don't know but I would still bet on the EWI route for Adjustment through DACA/AP being good as long as you're lawfully admitted.
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#22
12-15-2012, 03:25 AM
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This sounds surprisingly lax, the probability looks pretty good for re-entry.

Now, for those who have pending/approved family visa petitions while under DACA... what's to stop from going abroad, consulate interview, returning with a green card? Hmmm, I might need to ask few more attorneys since all the ones I've talked to so far are completely clueless.
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#23
12-15-2012, 04:00 PM
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bump ))
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#24
12-15-2012, 05:36 PM
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Quote:
Originally Posted by Demise View Post
It means that EWI will not be able to do so since it's another inadmissibility. So there goes using AP to adjust via marriage for EWIs.
this is true now that I think about


1. You entered here illegally
2. You have unlawful presence


This is only for people with just unlawful presence


not the first one
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I personally knew that if he wins he's not going to be touching DACA.
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#25
12-15-2012, 06:02 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
this is true now that I think about


1. You entered here illegally
2. You have unlawful presence


This is only for people with just unlawful presence


not the first one
I disagree; having read INA section 212(a) it says aliens present with admission or parole are inadmissable. The key word there is parole, also it does say earlier that crimes committed before 18 and you are entering the US 5 years later are an exception.
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#26
12-15-2012, 06:12 PM
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hmmmmmmmmmm so if we entered here before 18 our crime of being here illegally does not affect us?

interesting! good find!
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#27
12-15-2012, 06:39 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
this is true now that I think about


1. You entered here illegally
2. You have unlawful presence


This is only for people with just unlawful presence


not the first one
You are way too paranoid. If that were true, how many of us do you think will actually be able to use Advance Parole? Im sure the USCIS is not expending resources and time just to be able to give permission to the few who actually meet both criteria.
I think it will be highly likely that USCIS will clarify that Advance Parole (almost) guarantees readmission, as long as you did not commit crimes domestically or abroad (throughout your trip).
Good news for all of us. Let's just wait and see!
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#28
12-15-2012, 07:45 PM
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The bar that you're thinking of in INA 212 only applies to people who are currently here unlawfully. Once you leave, INA 212(a)(6)(A) [illegal entry] doesn't apply anymore; 212(a)(9)(B) [unlawful presence] does, though. So Advance Parole addresses that and ignores it, which means that even previous EWIs would (at least theoretically) be able to adjust status upon their parole into the U.S.
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#29
12-15-2012, 07:54 PM
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MitchAPalooza23
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Quote:
Currently the I-131 form is not yet being accepted for DACA applicants.
This is not true. On the I-131 form instructions it states:
Quote:
Once your request for consideration of deferred action is approved, you may file Form I-131 to request advance parole to travel outside of the United States. If you travel outside the United States without first receiving advance parole, USCIS will automatically terminate your deferred action. Form I-131 must be submitted with your Form I-797 approval notice and a letter that explains your compelling need to travel. Send Form I-131 with the required evidence to:

If mailing using U.S. Postal Service:

USCIS
P.O. Box 5757
Chicago, IL 60680-5757

If mailing using USPS Express Mail/Courier:

USCIS
Attn: Deferred Action for Childhood Arrivals
131 S. Dearborn - 3rd Floor
Chicago, IL 60603-5517
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#30
12-15-2012, 09:06 PM
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Katy Chavez says a visa is not necessary in order to come back into the country but another immigration attorney (Lauren Burke) said we need to. I need clarification. My main worry is the people at our native country's airports not letting us board the plane because we don't hold a valid visa and they may not know what AP really is.
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