Trump Will Sign Merit-Based Immigration Act Very Soon. (DACA) - Page 6

That is not correct.

I recalled for the i485, you need either a legal entry or paroled in. So a visa entry is different compare to paroled. If you have a legal entry, uscis will use the legal entry instead of paroled. If you have a legal entry that is not eligible for i485, even if you last entry is advance paroled, you cannot adjust for i485 because legal entry overwrites paroled. That is my case, I need to go through i601a now.

What did you enter on and what did the AOS denial say?

"If you have a legal entry that is not eligible for i485"

I'm confused, how can a legal entry not be eligible for i485?

The only scenario I can think of is if someone overstayed, left and was given a 5 or 10 year ban, and somehow re-entered with an inspection before the ban was due.

C-1/D visa or Admitted in Transit Without a Visa. Which is why I'm confused since somebody on this forum wouldn't really be in a position to get a C1/D and TWOV pops up so rarely that you don't think much about it.

So we shouldn't do AP?

I was entered with a K2 visa, and the rejection letter pretty much says the ap doesn’t overwrite the legal entry. Therefore They cannot grant me AOS.

I am not saying you shouldn’t do AP. I am saying if you have a legal entry, and you are thinking about using the AP to overwrite your legal entry, then it is pointless to apply for AP.

I think the overall take away is...For Visa Overstayer, AP won't help you in any way..and it won't hurt you either. I've been out on AP twice, once in 2015 and 2016.

@ckuck
·
17m
Three more #DACA Advance Parole receipts today! Sweet! Thanks
@USCIS
for not requiring me to sue you to obey a Supreme Court order. Now, about those new #DACA applications. I am still waiting on those receipts.

Reddit
Posted byu/ImKyoAura
1 hour ago
I don’t know if this “news” is correct, but I. Called USCIS about my application I sent last Friday, and was told they are accepting new applications now...