AOS with no proof of legal entry

[Pinkrlion 2,722]

I am not sure this is the correct area, but dropping this topic in this section.

I was having a discussion with someone, and they were recently married. they asked me about AOS and I gave them the info from here, etc. He did not enter the US legally, not sure how he entered the country and what age, but I informed her that he cannot adjust his status without legal entry.

Am I stating that correctly?? She is trying to figure out how he entered and I advised her to log into VJ. I suggested an immigration lawyer to assist.

Thanks for any info.

[NikLR 13,227]

if you mean he entered without inspection, then no he cannot adjust his status. He can use a form I-601A to able to legally leave and have an interview in their home country without a ban however.

[Pinkrlion 2,722]

Thanks I will let her know, she was asking me about the I-130 and I-485, and she did not have an I-94 or a stamp in his passport. I told her that she has to submit proof of how he entered the US. She is supposed to call an immigration lawyer this week.

[Darnell 8,478]

does he/she qualify for DACA ? if yes, there's a small loophole involving advanced parole.

[newacct 688]

I am not sure this is the correct area, but dropping this topic in this section.

I was having a discussion with someone, and they were recently married. they asked me about AOS and I gave them the info from here, etc. He did not enter the US legally, not sure how he entered the country and what age, but I informed her that he cannot adjust his status without legal entry.

Am I stating that correctly?? She is trying to figure out how he entered and I advised her to log into VJ. I suggested an immigration lawyer to assist.

Thanks for any info.

Mostly, that is correct. There are some exceptions:

1. People who once were a beneficiary of a petition (from relative or employer) filed before 2001 (even if that former petition is withdrawn or they aged out or the relationship no longer exists or whatever), can adjust status if they otherwise qualify even if they entered illegally, by using INA 245(i).

2. People who have an immediately family member in the US military can request to be granted Parole-in-Place (PiP), which if granted counts as a legal entry.

3. This is not really an exception to the legal entry rule, but it helps people in a similar way: As Darnell mentioned above, people who can get Advance Parole (people on DACA (or potentially DAPA if that is ever implemented) or TPS can qualify for this if they have a humanitarian reason to travel abroad) can travel abroad and return to the US without triggering any unlawful presence bans, thereby getting a legal entry and can adjust status if they qualify.

[zuluweta 250]

Those thinking of DACA then AP (advance parole) as a method to generate lawful entry for AOS should note this story:

DACA Recipient Deported After Visiting Mexico

by Roque Planas

Huffington Post, Feb 2, 2016

Authorities in Chicago deported an undocumented woman to Mexico -- even after she obtained permission to remain in the United States and travel to her native country, activists and her attorney say.

While immigration authorities insist Lesly Sophia Cortez-Martinez, 32, wasn’t eligible to re-enter the United States, her case highlights the tenuous nature of the deportation relief the Obama administration has extended to hundreds of thousands of undocumented immigrants since 2012.

Link to story ---> http://tinyurl.com/jerz34x

Edited February 3, 2016 by zuluweta

[Johnjohn99 0]

zuluweta

Read the article in detail you posted. The lady had a 2004 removal order already in queue. If you read in other articles she's actually been caught twice. This is what triggered immigration to get her removed even with daca. She was still daca approved with these prior removal and assumed she'd get away with the travel permit. Bad choice on her part. She claims she didn't know but she did. How would have had her info on file.

[Johnjohn99 0]

Daca AP can work but moral of story. Hire a good lawyer who understand your background and explain your background truthfully. Did she not tell the lawyer and try and hide this? Did she even hire one. We don't know. But any daca doing ap make sure you have no prior removals

[zuluweta 250]

The point is that DACA does not grant lawful status in the U.S. and entry/re-entry is still at the discretion of CBP despite AP issued by USCIS.

[newacct 688]

Leaving and entering AP does not trigger the unlawful presence ban, so you will not be denied entry just because of past unlawful presence. You can still be denied entry for any other bans and inadmissibilities you may have.

[zuluweta 250]

The Mexican woman who got refused admission at the POE despite possessing AP slipped through the cracks and received DACA even though she was inadmissible due to her previous deportations. Tsk, tsk.