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Studying abroad with DACA and Adjusting Status

Houston, TX |

i EWI in 1999. I got my case deferred on 12/25/2012. I would like to study abroad with Advance Parole. I am also married to a US citizen going on 3 years now but we have NOT filed a petition yet because we do not want to go through Consular Processing. I have heard that, if you are granted Advance Parole, once and if you are paroled into the US that will 'fix' your EWI and you would be able to Adjust Status instead of having to go through Consular Processing. Is this true? Possible? or only 'in theory'?

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Attorney answers 3


You have a few options, including filing for a "provisional waiver" of the unlawful presence bar and/or seeking an advance parole. Consult with an immigration attorney for more specific information.


Consult carefully the FAQs for DACA on the very helpful USCIS website. See esp. Question 3 regarding advance parole. See link below

As for other issues consult an immigration attorney so he or she can discuss which options may apply in your specific case.

No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.


Advance parole "for cultural reasons" to study abroad might be the better option here. By all means do study the USCIS FAQs (and answers) on the subject, but also absolutely seek to consult in person with an experienced immigration attorney on the subject.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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