DACA to K1 Visa

[Boiler 43,434]

I thought you did not accrue illegal presence under DACA?

[Sandra G. 5,016]

18 hours ago, ThomasNC1988 said:

Hmm looks like if she has a valid reason for advanced parole she can leave the country and re-enter at an official POE and then adjust from within the US. Reasons for AP are limited for DACA however.

It’s not advised to do this.For many reasons ,one reason is that she  can get a misrepresentation  if she tries  to do what you suggested. There are specifics visas for someone who wants to immigrate. The idea about  leaving  with AP, reenter to get married is to mislead  the  POE officer. We have already decisions of the BIA about this matter. 

[Sandra G. 5,016]

18 minutes ago, Boiler said:

I thought you did not accrue illegal presence under DACA?

The BIA decided that DACA petitioners  who travel with AP will not accrue illegal presence if the reason for the trip is for humanitarian purpose, or  education putpose or employment  purpose.

Edited December 11, 2018 by sandranj

[ThomasNC1988 762]

7 minutes ago, sandranj said:

It’s not advised to do this.For many reasons ,one reason is that she  can get a misrepresentation  if she tries  to do what you suggested. There are specifics visas for someone who wants to immigrate. The idea about  leaving  with AP, reenter to get married is to mislead  the  POE officer. We have already decisions of the BIA about this matter. 

If she got AP, which apparently she can not,  because she had a valid reason, where would the misrepresentation be? Advance parole is for people that live in the US so he won't be asking her what is the purpose of her visit he may ask her why she left which would have been the valid reason that she got AP for. I don't see what the misrepresentation would be. A loophole maybe but not illegal as long as she doesn't lie.

[Boiler 43,434]

Used to be that you got DACA you got AP, you had to come up with a good reason but not that hard, sick Granny whatever popped out came back in inspected and could adjust.

 

AP I believe is no longer available.

 

She had DACA before 18, well before 18 1/2 would be the issue so did not think she had illegal presence?

[GVANESSA233 13]

Hey i have DACA and my husband will be filing an i 130 for me soon ... then if approved we will file 601a .... and go to the Dominican Republic for the interview... over there i will get a medical exam ... you should def get married it would be much easier .. (advance parole is not available anymore )

Edited December 11, 2018 by GVANESSA233

[Nice_Try_Einstein 1]

28 minutes ago, GVANESSA233 said:

Hey i have DACA and my husband will be filing an i 130 for me soon ... then if approved we will file 601a .... and go to the Dominican Republic for the interview... over there i will get a medical exam ... you should def get married it would be much easier .. (advance parole is not available anymore )

We will not need a waiver since she does not have any unlawful presence. Did you have any unlawful presence?

[GVANESSA233 13]

How did she qualify for DACA ? Or does she have proof of being admitted or paroled into the US ? If she don’t she needs a waiver (from my understanding)

[Sandra G. 5,016]

21 hours ago, ThomasNC1988 said:

If she got AP, which apparently she can not,  because she had a valid reason, where would the misrepresentation be? Advance parole is for people that live in the US so he won't be asking her what is the purpose of her visit he may ask her why she left which would have been the valid reason that she got AP for. I don't see what the misrepresentation would be. A loophole maybe but not illegal as long as she doesn't lie.

You gave your opinion, and I stated about the Law. I am handling immigration cases for over 25 years. I learned quite a  bit.  

Edited December 12, 2018 by sandranj

[ThomasNC1988 762]

23 minutes ago, sandranj said:

You gave your opinion, and I stated about the Law. I am handling immigration cases for over 25 years. I learned quite a  bit.  

That's handy dandy.