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I have an approved i130, I qualify for DACA, should I apply or proceed with consular process and than a waive

Austin, TX |

I have an approved i130 and was processing for a consular processes and than apply for I-601 and eventually obtain my status stateside an only exit for my interview in Juarez. I qualify for DACA and was considering filing for DACA and than for an advance parole and with my legal reentry adjusting my status. I have no criminal background.

28/Female married to a USC with 2 USC children. EWI 1986 High School Education with a A/A

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Attorney answers 5


If you can get the advance parole after DACA that would allow you to adjust status in the U.S. which is far preferable to requesting any waiver.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.



I have two conflicting answers, would I fall under the bar as stated by one of your colleagues?


First of all, you only qualify for the stateside waiver if you applied for your I-130 after March 4, 2013. Second, if you are over 18 and have been here 180 days or more since turning 18 then even though you have advance parole or a reentry permit you will be subject to a bar as soon as you leave the US. Please consult with an attorney prior to taking any action.

MEDINA LAW GROUP PC: EXPERIENCED TEXAS IMMIGRATION ATTORNEYS. email:; Phone: (210) 821-4500; Fax: 210-821-4500; 1802 NE Loop 410, Ste 104, San Antonio, TX 78217. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Furthermore, the content of this answer does not create an attorney-client relationship. I apologize in advance for any spelling or typographical errors. MEDINA LAW GROUP PC.


This is a question that requires additional information such as your age. It also requires a review of the merits of your I-601 to determine the chances of success on it. I recommend, before departing or filing for DACA, you retain counsel to review. The two can be used together so you may want to consider that also.



The two can be used together? I had planned to use the original i130 with the adjustment after my legal reentry.


I agree with my colleague about the advanced parole through DACA and then an attempt to adjustment status (AOS) to an LPR here in the U.S. after you have legally reentered. If you have a grant of advance parole and you leave the U.S. pursuant to this grant of advanced parole then it will not be considered a "departure" as defined in immigration law. Therefore, since it is not a "departure" you will not be subject to the unlawful presence bar if you leave. When you reentry, then if may be possible to AOS. An experienced immigration attorney will be able to explain this to you in more detail. You should definitely go to consult someone before your next move.


I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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