Issues with grounds of inadmissibility with DACA advance parole.

Hi guys, I am a 24 years old DACA recipient married to a U.S. citizen. I am planning on traveling in advance parole to visit my grandmother in Dom Rep. I entered in 93 under fraud/ misrepresentation. I don't have any entry documents. Has anyone heard of someone being found inadmissibile at ap re entry because of a misrepresentation/fraud. I was 3 years old when this happened. The only defense that I can make is that it was not a willful misrepresenation because I was three and had no knowledge of the act but still USCIS AND BIA do not recognize this defense for minor children for this inadmissibility

Have you spoken to a lawyer?

Yes I have, I was brought here by someone other than my parents. My fAther sent for me in 93 and later passed in 94. I am not too sure exactly what type of document it was, whether someone else's visa, passport, etc.i have no official records or fingerprints. he was the only person who truly knew. I am positive I can get AP but I am afraid CBP will look into the first entry and make me inadmissible. Any accounts of anyone with similar AP situation? And what was the outcome?

Lawyers have said Only people with criminal records or removal orders should be concerned and others say fraud/ misrepresenation wil keep me out. But I feel as if you have daca then it's pretty obvious subject to some kind of inadmissibility or deportability. If that were the case Everyone who travled on daca ap would kept out. I'm just not sure. A lot of back and forth from lawyers and not enough consistency between CBP and USCIS

Actually, you are correct and I just remembered, advance parole is given to people who can't get a visa and have inadmissibilities that would otherwise bar them.

By applying for and getting approved for advance parole the government is giving you permission to come back into the U.S. but not "admitted" as if you had a visa. And AP would be beneficial for you for when you are considering getting married (but you probably already knew that).

You already know that AP is not 100% guaranteed. You need to weigh the risks and benefits and make a choice that is good for you

Unfortunately it is hard to tell you what the CBP office will do at the time of your entry. The experience has been that anyone with crim history and/or removal orders should not attempt to leave the US on AP. Now if you were caught at the age of 3, what happen after? were you release to an adult here in the US? did you go to court? reason i ask is you may also have an order of removal and it that case dont leave.

You will be taking the trip at your own risk, the admissibility in that type of situation is under the discretion of the officer.

If you apply and are granted by all means go! there are specific cases that allow you to file for AP. Such as asylum, work visa and in our case DACA. If you are granted under DACA , you just have to go and come back.

I was never caught. Family members keep telling me that this was before the time of fingerprinting. All that was used was something like a UV light to check if the passport was fake. All that information (names,numbers,documents) were only used at the entry. After that, they were either returned or destroyed. I don't have access to them and I don't think CBP be able to track them. Never been on removal order. Once I was in I used my birth name.

Ok but when you tried to enter using someone elses documents, what did they do then? Did they released you to your parents/someone in the US? or were you sent back home?

I am going to assume that you were released to someone in the US since you were a child and from the Dom. Republic. In that case, even if you were not finger printed chances are that in the paperwork (if any) given to whom ever you were release to you were required to present yourself for a removal hearing.

I would suggest that you do a FOIA ( USCIS, ICE and CBP)

I responded to your questions under the misunderstanding that you were caught on your initial entry. I am sorry my mistake. Now that I know your were successful in your entry I have a better idea, you were admitted under a false identity but now the question is, was it of a U.S. Citizen or was it just a visa? Since you were not caught this would not cause you any trouble in your AP because technically there's no record of your entry under your real identity. Once back from your AP the issue would be depending on what documents were used for your entry.

I still suggest that you do a FOIA just to see what exist under your name.

When I entered I came with someone. My father was already here and sent for me from the Dominican. I came with a "friend" of his and was told if asked to say she was my mother or guardian. I came with a U.S. passport. All the information belonged to someone else but the picture on it was mine. (This is what I've been told, I've never seen it for myself). when I entered I was traveling with someone. (Not my parents but someone none the less) once we cleared all security, they took me home to where my parents lived and that was the end of it. Even though it could be seen as a claim to citizenship I cannot be charged with that inadmissability because it was not created until 1996. I came in 1993 so I can only be charged with fraud misrepresentation. And that is where the issue is. I am not too sure if the CBP will recognize the aspect of willfulness. Policy says that they have to consider it when looking for inadmissability but there is nothing clear cut that says" because you were 3 you could not made a willful decision to commit the act. "If there is anyone that has been throught this I hope they share their story.

P.s. For Anyone who studied psychology, are there any official published documents or reports on childhood psychology and mental capacity to act willfully and make conscious decisions? Is there any information on child psychological development?
Maybe if I have such documents I can prove to USCIS and CBP that the act wasn't wilfull. These people want everything in paper not word of mouth.

.p.s.s nOt exactly sure what a FOIA is. Is that like a request to the government to give you information they have about you?