Hello need help and advice

[Ferrn 0]

Hello, and thank you for this great forum. My wife was born in Mexico I was born here in the USA. She is currently covered under the daca executive order but I have filed to have her become a permanent resident. She has no criminal history and has gone to school and currently working and paying her dues. We filed for i797 to change status and have been approved. She has from Feb to May to go to Mexico and come back. Our question lies on an piece of the i797 that states that she is not guaranteed access to the USA and that she may be denied. With truml.in office and knowing his stance on immigration, should we risk it? Or should we wait to see if anything arises that might benefit out family. We have a 10 yr old boy that will be impacted drastically if she is not allowed Back on us turf. Thanks for all the help. 

 

[Ben&Zian 4,398]

She has from Feb to May to go back? Go back for what?

 

[Ferrn 0]

Just now, Ben&Zian said:

She has from Feb to May to go back? Go back for what?

 

Go to Mexico, visit her Ill grandmother and enter legally into us. 

[RRR2016 21]

34 minutes ago, Ferrn said:

We filed for i797 to change status and have been approved

Does this mean her green card has been approved? Or at which stage of the AOS has been approved? If you are in the middle of the process, I would not risk going back to Mexico, until she has her green card. I'm not very familiar with DACA, but does she have a document that allows her to leave and enter the country legally under DACA? 

[Ferrn 0]

1 minute ago, RRR2016 said:

Does this mean her green card has been approved? Or at which stage of the AOS has been approved? If you are in the middle of the process, I would not risk going back to Mexico, until she has her green card. I'm not very familiar with DACA, but does she have a document that allows her to leave and enter the country legally under DACA? 

To my understanding,  the i797 was the form we needed. I will double check

[RRR2016 21]

1 minute ago, Ferrn said:

To my understanding,  the i797 was the form we needed. I will double check

For our Consular process the I797c is the Notice of Action, when our case was received, transferred and approved. 

[RRR2016 21]

From this post:

 

https://www.quora.com/What-is-an-I-797-form

 

I see there are different types of I-797. But not sure if it's a document that would allow her to enter the U.S. At the border, they would ask for a Visa or Legal Resident card because she is not a USC, yet. I would double check before she makes any travel plans.

[Ferrn 0]

Thank you for the link. Yes tahts what I'm thinking we will wait

 

[Ferrn 0]

Just read it over i797 states.... case type.... I131 application to travel document. Does that make a difference? 

[RRR2016 21]

2 hours ago, Ferrn said:

Just read it over i797 states.... case type.... I131 application to travel document. Does that make a difference? 

It probably does. But again I would double check it would suffice for re-entry to the U.S. and that a visa or the green card will not be necessary.