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.
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.
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.
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.
Get free answers from experienced attorneys.
20,183 answers this week
2,339 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary