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

Asked over 1 year ago - 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.

Additional information

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

Attorney answers (5)

  1. Stephen D. Berman

    Contributor Level 20

    7

    Lawyers agree

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    Best Answer
    chosen by asker

    Answered . 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... more
  2. Cindy Medina

    Contributor Level 14

    6

    Lawyers agree

    Answered . 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: cindy@medinalg.com; Phone: (210) 821-4500;... more
  3. Francisco Javier Alvillar

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . 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.

  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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 www.... more
  5. Philip Alan Eichorn

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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.

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