Advance Parole

[marymejia 0]

Hello,

I'm new here. I do have a couple questions if anyone can help. My step-daughter is applying for the Deffered Action because she was brought here illegally when she was 1 year old from Mexico. She has never left the U.S. but is 19 years old and cannot work or go to school. We have been told that the DA can allow her to work and go to school. Afterwards, we wanted to apply for the Advance Parole so she can visit her sick grandma and then apply for her Adjustment of Status. My question is can she leave the country on a Advance Parole and return to the U.S. even though she has accrued unlawful presence. Thanks.

[Hypnos 6,578]

After her DA is approved she can then apply for Advance Parole. All AP applications from DACA applicants are considered on a case-by-case basis, but you must understand that, even if AP is approved, the final determination for being re-admitted to the US rests with CBP.

From googling around it seems that overseas trips for educational or employment reasons are often the most successful for being re-admitted from, as well as visits abroad to visit sick relatives or attend funerals. You should carry documentation to this effect when attempting to re-enter the country.

She cannot file to adjust status because she has no status to adjust from, since you indicated she EWI. If she is an immediate relative of a US citizen it's possible the act of her returning the US by being "paroled" in will allow her to file for AoS. That would be something to discuss with an experienced immigration attorney.

Edited May 2, 2013 by Hypnos

[marymejia 0]

Thanks for the reply. So it seems that it has worked for some and also depending the CBP if they will allow her to re-enter? That's scary. I am praying for the best. I hope this has worked for others...

[marymejia 0]

Have anyone does this before and been accepted back in the US with no problems? I'm just worred..

[newacct 688]

Yes, there have been people who have successfully used an entry on AP to adjust status. You might want to check out immigrate2us.net forums as they have more of these cases and they have a board specifically for DACA.

[marymejia 0]

Thank you i will check out the website.