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DAP Forums > DREAM Act > The Lounge

DACA, Bachelor's and Employer Sponsor - Page 3

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#21
08-20-2012, 05:47 PM
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Demise
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It's a very gray area. While DACA and AP don't and can't clear previous illegal presence (only act of congress or presidential pardon could) one could with a good lawyer try to claim that re-entering on Advance Parole counts as entry with inspection (ie. you'd clear an EWI), and try to adjust from there (will be easier and shorter than trying to go through I-601).

Alternatively one could go back to the country of origin with AP and wait for I-130 to be processed there (10 year ban won't trigger and you're out of the country for processing). Pick up the green card there and re-enter US with the green card.

Still coming back with AP is a thing of its own. Recent court case says that you cannot be denied re-entry due to previous illegal presence however the agencies responsible like to resist rulings (you'd probably need the lawyer on the airport when you come back).
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Last edited by Demise; 08-20-2012 at 05:55 PM..
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#22
08-20-2012, 08:39 PM
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ankitkiko
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i talked to 3 lawyers and they said you cannot get GC from employer sponsorship. Only way is to marry citizen; if you came legally.. if EWI then...wait for a new law
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#23
08-20-2012, 08:41 PM
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Quote:
Originally Posted by jsar8 View Post
Yea Im sure if you prove yourself to a company, and eventually explain them your situation they would be more than happy to petition you.
Yeah but which company would hired an lawful status person when there are literally people in line for those same jobs? And I dont think I can get anywhere with my BA degree (which I will get in a year)
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#24
08-22-2012, 01:05 AM
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Quote:
Originally Posted by jsar8 View Post
Im not saying DACA changes your status, but it helps with Advanced Parole to exit the country for appointments in your own country.

No you need no visa, its like an employer, saying I want to hire this foreigner, so he petitions you. If you get approved you get a green card.
You can't get a sponsor on a Overstay status though right?

Quote:
Originally Posted by kabs View Post
I think that's technically wrong. You can't be out of status when you are seeking employment sponsorship. Otherwise, my mom and plenty of others would have been able to get employee sponsorship.
That is what I was thinking.
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#25
01-03-2016, 08:54 PM
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andrewchen5678
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For my case my visa expired, but I could have always maintained lawful presence with an immigration court case, and right now I have DACA, which counts as lawful presence. I think I cannot do I-485 here because my visa expired, but it could be I don't have any unlawful presence. If someone sponsor me and I leave the country for consular processing and with advanced parole in case it didn't work and I can still come back, would that work?
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