I am a DACA recipient married to a naturalized U.S. citizen, and I am currently in the process of applying for a green card. However, I have an administratively closed removal case. I entered the U.S. legally and have no criminal record. My lawyer submitted the I-130 petition and a joint motion with OPLA in June and July of 2023, respectively, but I have not received any responses to either at this time.
In light of the lack of progress, I applied for Advance Parole. Recently, I discovered that OPLA may not respond to joint motions because they are not obligated to. Therefore, I asked my lawyer to file a motion to recalendar my administratively closed case directly with the Board of Immigration Appeals (BIA), as they were responsible for the administrative closure. My lawyer has prepared the motion and was about to submit it until I told him that I applied for AP.
My lawyer has advised against traveling on AP while the motion to recalendar is pending. He believes that doing so could jeopardize my case and my re-entry into the U.S., given that the motion would reactivate my administratively closed case. He advised to either submit the motion and don't travel, or travel and submit the motion after I return. However, I've read multiple stories of DACA recipients traveling and returning successfully with AP, despite having an active deportation/removal case.
Is my lawyer being overly cautious, or is this advice generally sound given my situation? Thank you in advance.