Q: Can someone with DACA and a final order of removal travel on advanced parole?
Married to a US citizen and approved I 130 however, I have been unable to get my case to reopen. Some lawyers have told me that legal entry would make my case more likely to be reopened if we argue that I have a legal entry and can adjust my status. However, others Have told me that I would get a 10-year ban. Who is correct? Some lawyers have told me about people in my similar situation who they have helped who have traveled on advanced parole and had no issues returning even if they had a final order.
A: If you have an outstanding order of removal and you leave the United States you will not be admitted when you try to return. If you have an approved I-130 you may be eligible for a waiver. Without a waiver I can not say how long you will be banned from the USA because I have no facts regarding your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
