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DAP Forums > DREAM Act > The Lounge

Back from traveling with AP through DACA - Page 16

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#151
12-21-2012, 06:58 PM
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MannyGcia87
0 AP
@Ianus what are you talking about? entry without inspection is grounds for inadmissibility. you entered without permission from USCIS or the State Department hence illegal entry, AKA violating immigration law/unlawful presence(http://www.immihelp.com/travel/groun...ed-states.html). With the Advance Parole i know it was implemented long before DACA, but what you fail to understand is that i'm questioning USCIS's reasoning(not the OP) for granting DACA Beneficiaries the chance to Advance parole and re-enter legally thus allowing them to adjust status if they have a USC spouse or parent submit a petition for them as they would not need to apply for a waiver therefor making it easier in contrast to consular processing.
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#152
12-21-2012, 07:02 PM
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How easier and faster
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#153
12-21-2012, 07:14 PM
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MannyGcia87
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well in theory, you can say that you applied for AP, got approved and made your way out of the country, if all goes well and they let you re-enter you would be set to simply adjust your status. In contrast with Consular processing, you would petition first go to your country of origin for your visa appointment while at the same time triggering the 3/10 bar from entering the US, thats when you would apply for your 601 waiver which you would have to prove extreme hardship on your USC spouse or parents, and wait in your country to see if they approve it or deny it, if they approve it your good to return, if they deny it you then have to appeal it and wait some more. So i say alot faster in theory of course.
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#154
12-21-2012, 07:16 PM
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nesto90
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Quote:
Originally Posted by MannyGcia87 View Post
@Ianus what are you talking about? entry without inspection is grounds for inadmissibility. you entered without permission from USCIS or the State Department hence illegal entry, AKA violating immigration law/unlawful presence(http://www.immihelp.com/travel/groun...ed-states.html). With the Advance Parole i know it was implemented long before DACA, but what you fail to understand is that i'm questioning USCIS's reasoning(not the OP) for granting DACA Beneficiaries the chance to Advance parole and re-enter legally thus allowing them to adjust status if they have a USC spouse or parent submit a petition for them as they would not need to apply for a waiver therefor making it easier in contrast to consular processing.
I didn't see entry without inspection as grounds of inadmissability, it's the unlawful presence that gets ya
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#155
12-21-2012, 07:26 PM
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MannyGcia87
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here:
"How can undocumented entry and immigration status violations lead to inadmissibility?

Anyone who comes to the US without permission of the USCIS or State Department is inadmissible. Failure to attend removal proceedings without a good reason makes a person inadmissible for five years. Anyone who engages in fraud or misrepresentation in an effort to enter the US is inadmissible, as are those who have made a false claim of US citizenship. Those who violate the terms of a student visa are also inadmissible for five years."

from this website:http://www.visalaw.com/05apr1/2apr105.html
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#156
12-21-2012, 07:31 PM
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Quote:
Originally Posted by MannyGcia87 View Post
@Ianus what are you talking about? entry without inspection is grounds for inadmissibility. you entered without permission from USCIS or the State Department hence illegal entry, AKA violating immigration law/unlawful presence(http://www.immihelp.com/travel/groun...ed-states.html). With the Advance Parole i know it was implemented long before DACA, but what you fail to understand is that i'm questioning USCIS's reasoning(not the OP) for granting DACA Beneficiaries the chance to Advance parole and re-enter legally thus allowing them to adjust status if they have a USC spouse or parent submit a petition for them as they would not need to apply for a waiver therefor making it easier in contrast to consular processing.
My prior interpretation of what you were trying to say is that the entire "Grounds of Inadmissability" should apply to the OP's applicantion for AP!

I can answer that,there reasoning is because the administrative "Deferred Action" and "Advanced Parole" is basically DACA and both have been around long enough for there to be a mature interpretation of implementation.I'm only guessing but I think they know if it was taken to court specifically as it relates to DACA and AP the result would more than likely be the same as Matter of Arrabally and Yerrabelly so no point in creating a stricter implementation and denying an individual from re-entry and preventing a previous EWI from converting to a Legal admission.It would be a waist of taxpayers money really as there is enough precedent in the courts is my simple reasoning for it.
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#157
12-21-2012, 09:19 PM
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ggalicia
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EAD AND AP are in a combo CARD
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#158
12-21-2012, 09:20 PM
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ggalicia
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And I can't see the image
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| Application approved 9/20/12 | EAD received - 9/26/12
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#159
01-10-2013, 02:03 PM
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sk16
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Quote:
Originally Posted by ggalicia View Post
EAD AND AP are in a combo CARD
only if you're getting it through AOS, not for DACA andTPS holders among others
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#160
01-10-2013, 05:36 PM
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So did OP ever answer my question of what the letter from the doctor said? Or if it was multiple letters?
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