Would Advance Parole be safe to use?

[JJGLO]

I am a B2 overstay for the past 21 years. I currently have DACA active until March 2020. I have no criminal history. I plan to file AOS shortly. Would it be safe to travel with AP if I were to get it? Would I still be inadmisable because of my overstay, or would I be safe because of DACA?

[newacct]

I am a B2 overstay for the past 21 years. I currently have DACA active until March 2020. I have no criminal history. I plan to file AOS shortly. Would it be safe to travel with AP if I were to get it? Would I still be inadmisable because of my overstay, or would I be safe because of DACA?

It should be safe. You would not be inadmissible for leaving after being granted AP and returning on that AP. But admissibility doesn't determine whether you will be paroled; that's technically at the discretion of the officer; I haven't really heard of cases of people being denied entry in recent years on an AOS-based AP if their AOS is still pending; though if you don't have an urgent reason to leave maybe you can wait just to be safe. That you're on DACA also doesn't matter for whether you'll be paroled on an AOS-based AP.

[Guest]

I am a B2 overstay for the past 21 years. I currently have DACA active until March 2020. I have no criminal history. I plan to file AOS shortly. Would it be safe to travel with AP if I were to get it? Would I still be inadmisable because of my overstay, or would I be safe because of DACA?

I would not risk it. AP does not guarantee entry into the US. You won't become inadmissible when you leave, but allowing you to re-enter is discretionary. Why risk it?