Q: Can I use Advanced parole instead of waiting for the i-601a waiver to go to my interview in Dom. Rep.?
I am currently on DACA, 29 y/o and came into the US with Inspection in 2003. My mother filed an i-130 for me in 2014 and it was approved in 2015. I received the letter from the visa center in 2020 and filled out that application and paid the fees right away. I filed the waiver right away also and I did my biometrics in December of 2020 but have not heard anything back from them. My question is, can I submit the rest of the paperwork to the visa center so they can schedule my interview in Dominican Republic and then use advanced parole to be able to get back into the country instead of waiting for the waiver to be approved?
Thank you
A:
You did not state whether your mother is a United States citizen or a lawful permanent resident, which has significant bearing on the answer to your question, particularly as it appears you were under the age of 21 when she filed the I-130 petition. However, if you do need to apply for an immigrant visa and are ineligible for adjustment of status, and if you do require the unlawful presence waiver, then applying for advanced parole is not going to solve your situation, as you would still need to attend your immigrant visa interview to become a resident.
Also, you should be aware that the processing times for Form I-601A is 39.5 months (over 3 years). It is unclear how old you were when you got DACA for the first time or if you have always timely renewed, you should consult with an immigration attorney to determine the best course of action.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
As a DACA recipient, you may be eligible to apply for advance parole, which would allow you to leave and re-enter the United States while your adjustment of status application is pending. However, it's important to note that leaving the U.S. before receiving a decision on your waiver application could be risky, as it may result in abandonment of the waiver and could lead to denial of your adjustment of status application.
It's recommended that you consult with an experienced immigration attorney to assess your specific situation and help determine the best course of action. They can help you evaluate the risks and benefits of applying for advance parole and help you make an informed decision.
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.
