DACA mom of 3 US citizens, deported - Page 2

If you know for sure you don't have a deportation order or never been stopped and fingerprinted by ice or border patrol then you should be fine and this should be a piece of cake.

Good news guys! Today the article had an update on the bottom:

So they let her in.

Her situation now is interesting to analyze from the legal standpoint.

By leaving US, she triggered a 10 year ban associated with deportations under INA 212(a)(9)(A)(ii)(II). She was paroled back into US, and will end up in removal proceedings again since ICE wants to press charges. IJ will likely administratively close those.
The case may then end up before the BIA, which will then likely decide whether or not to expand Arrabally, namely - does travel on AP with an outstanding removal order count as self-removal? You have to remember, a court can only rule within the scope of the case, Arrabally simply did not cover that, they were trying to adjust via 245(i) and didn't end up in removal proceedings until much later.

So, now she's in interesting situation:
1) She's inadmissible under 212(a)(9)(A)(ii)(II) for 10 years (waivable immediately, there is actually no "extreme hardship" requirement here, the waiver is strictly discretionary).
2) She's been lawfully paroled into US.
3) She's an arriving alien.

Now, the arriving alien is an interesting area. Basically anyone who enters US legally without being admitted (i.e. anyone paroled in) is an arriving alien. You fall under different set of rules when it comes to removal proceedings, you can adjust status regardless of removal proceedings or a final order.

So what should she do?
If she has a US citizen immediate relative she can adjust through she should immediately file an AOS packet, together with an I-212 waiver for the 212(a)(9)(A)(ii)(II) ban. Kill ICE's little scheme by adjusting status.

If not, then well, she better retain a good lawyer because she's up for a ride...