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Consular process or travel on parole

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  • Consular process or travel on parole

    I have a I-130 approved but enter the country with out inspection so I am not elegible for adjustment of status. I have DACA approved, should I request a travel authorization to visit my sick great grandma, enter with parole and adjust my status OR should I just set up my interview in my country and follow consular process...by the way, I am only 19 years old

  • #2
    Did you get DACA before you were 18.5?

    I would say try to get AP and go the AOS route if you can, because AOS is in country and there is recourse if they deny it in error (e.g. you can argue it was denied incorrectly at removal proceedings), whereas if they deny you a visa in error there isn't much you can do as consular decisions are non-reviewable.

    AP takes up to 90 days to get and by then who knows if DACA still exists or whether they still give APs for DACA, and plus they may or may not accept your reason for needing AP, so that route may or may not work out, but it's worth trying.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Update: One of the rumored circulating on the Internet says to stop issuing AP for DACA, so maybe consular processing will be your only option.
      Last edited by Antonise; 01-26-2017, 10:49 AM. Reason: Banned Website

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        He hasn't ended DACA or APs for DACA yet, so maybe you can still try it.

        This is my personal opinion and is not to be construed as legal advice.

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