Left Country Without Advanced Parole

[Uniquestar 0]

I left US without Advanced Parole. Is there any other way I can come back other than spousal visa? My boyfriend who lives in the US and I alreasdy had plans marrying each other.

[Uniquestar 0]

Lawyer said just that option but I'm trying to get student visa instead

[Pitaya 2,577]

Welcome to the forum.

Be careful how you phrase your interest in the various visas. A student visa is for studying and returning home after your studies are completed, and is not intended for immigration purposes. To do otherwise, could be construed by USCIS as immigration fraud, and cause you a lot of hassles. You have already expressed immigration intent, by speaking about marrying your BF, which could imply immigration intent. You need to be truthful in your responses to questions by USCIS.

Good luck on your immigration journey.

[kingjulian 80]

There's no way of coming back....you have to start from the scratch..next time seek advise

[Hypnos 6,577]

No.

A K-1 or marrying then a CR-1 are your only legal options, short of a dual-intent employment visa like an L-1 or H-1B.

Edited December 28, 2016 by Hypnos

[Boiler 45,731]

A Student visa is not impossible, just very unlikely.

[aaron2020 11,651]

How old were you when you left the US?

DACA does not prevent you from accumulating days of unlawful presence. If you left after age 18 1/2, then you have a 3 years ban. If you left after age 19, then you have a 10 years ban.

A student visa is impossible with immigrant intent and a ban.

With a ban, a K-1 fiancee visa or CR-1 spousal visa would also be denied. You would need to file for an extreme hardship waiver after the denial.

[Boiler 45,731]

Immigrant Intent is subjective and OP has not mentioned much about the circumstances.

D3 waiver could apply for an overstay.

[aaron2020 11,651]

Is this also you?

http://www.visajourney.com/forums/topic/620489-left-us-without-getting-advanced-parole/?hl=%2Bdaca#entry8420433

[Boiler 45,731]

Probably

[Hypnos 6,577]

DACA does not prevent you from accumulating days of unlawful presence.

DACA is considered a period of authorised presence, but confers no legal status. You don't accumulate unlawful presence during it. It's similar to the period of authorised presence you are placed into when an I-485 is pending.

https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions

"For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect."

Edited December 28, 2016 by Hypnos

[aaron2020 11,651]

Thank you for the correction.

[Ontarkie 14,304]

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