What do you guys think?

[Ontarkie 13,955]

~~Moved to Waivers, from Tourist Visas. If the OP can file for something she will need waiver information.~~

[Skymusic 2]

2 minutes ago, Ontarkie said:

If you gave all the details to Lizz Cannon I'd believe what she said. 

Yes I've read that she does wonders. She told me to go ahead but while I'm waiting on the process to use the advance parole that they give you while waiting adjustment.

[Penguin_ie 5,986]

It sounds like the possible deportation and illegal stuff  on return all happend when you were way under age, which will make a difference as minors are not usually held responsible for their immigration actions.  As Ontarkie said, if you heard from Liz Cannon, I'd go with her recommendation.

[Boiler 43,692]

5 hours ago, Penguin_ie said:

It sounds like the possible deportation and illegal stuff  on return all happend when you were way under age, which will make a difference as minors are not usually held responsible for their immigration actions.  As Ontarkie said, if you heard from Liz Cannon, I'd go with her recommendation.

Does not work quite like that, basically they do not accrue legal presence but could still be for example 9C.

[f f 725]

44 minutes ago, Boiler said:

Does not work quite like that, basically they do not accrue legal presence but could still be for example 9C.

just to make sure I understand what you are saying.

being under age he does not collect unlawful presence but still gets the illegal entry. then once he is over 18 the unlawful presence starts from his 18th birthday not the date of entry.

 

therefore he still needs a legal entry to aos but once he leave the ban for unlawful presence will kick in so a waver is needed for that also.

[Boiler 43,692]

Some Lawyers take the view that nobody should use AP as you are paroled in rather than admitted, not sure how many Lawyers would suggest AP is worth the risk in this situation.

[f f 725]

I would think that would be better since it would at least give proof of legal entry. he would have to get ap through either daca, not sure if they still grant them, or through aos. if you do it through aos that aos would be doomed to failure from the beginning since there is no proof of legal entry. but it would give you proof of legal entry for the next aos. I am not sure if or when the illegal entry ban would kick in though which would make you stuck outside the us.

[Skymusic 2]

3 hours ago, f f said:

I would think that would be better since it would at least give proof of legal entry. he would have to get ap through either daca, not sure if they still grant them, or through aos. if you do it through aos that aos would be doomed to failure from the beginning since there is no proof of legal entry. but it would give you proof of legal entry for the next aos. I am not sure if or when the illegal entry ban would kick in though which would make you stuck outside the us.

Exactly! I've reas people send copy of front and back of the Bcc as proof of entry. While the aos is in process i would get the ap in between 2-3 months then use advance parole to come back. Lizz cannon recommended but I'm not too sure what could happen since I haven't seen anyone with a case like this. I entered with inspection but that inspection was with a I suppose cancelled visa. I don't know what could happen or what would be the reaction of USCIS

[f f 725]

the bcc was issued before you were deported, then you have no proof of legal entry after the deportation, they do have proof in the form of school records that you came right back. having been given the bcc before deportation and then using it to return makes your case vastly different than others who have used the bcc to prove legal entry. I still recommend sitting down with a lawyer mabye 2 or 3 and figuring out how to actually proceed since this can go bad very quickly.

 

good luck

[Skymusic 2]

19 minutes ago, f f said:

the bcc was issued before you were deported, then you have no proof of legal entry after the deportation, they do have proof in the form of school records that you came right back. having been given the bcc before deportation and then using it to return makes your case vastly different than others who have used the bcc to prove legal entry. I still recommend sitting down with a lawyer mabye 2 or 3 and figuring out how to actually proceed since this can go bad very quickly.

 

good luck

Thanks for all the answers guys! Btw I applied for daca a while ago and got denied due for having a private school diploma. Lets say i get daca, use advance parole through daca, How would cbp handle me in the port of entry? 

 

Im waiting for my Foia records, I will keep you guys posted about any changes. Another thing to point out is my brother requested his foia a while ago and came with no records found. He was with me when all this happened to us. He has daca btw

Edited March 28, 2017 by Skymusic