Q: If I have Advance Parole through DACA and now have a legal entry, do I still need to submit a pardon?
I am currently in the process of applying for a permanent Residence. My case has been approved and is now with the NVC awaiting my fee payment. However, I know that after that has been completed, I will have to submit a pardon for over staying my visa as a child (I have DACA). I know some cases will use the AP entry as your legal entry. Would it be the same in this case? or do I still need to submit a pardon?
A:
Based on the information you've provided, it seems that you entered the United States without inspection as a child, but later obtained Deferred Action for Childhood Arrivals (DACA) status and subsequently received Advance Parole (AP) to travel abroad and return legally to the U.S.
In many cases, a legal entry with Advance Parole can eliminate the need for a waiver of inadmissibility for unlawful presence, as it can be considered a lawful admission. However, the specific requirements and implications may vary depending on your individual circumstances and the type of permanent residence application you are pursuing.
Given the complexity of your situation, it is highly recommended that you consult with an experienced immigration attorney who can review your case in detail and provide personalized advice. They can help determine whether your legal entry with Advance Parole is sufficient for your permanent residence application or if you still need to submit a waiver for your prior unlawful presence.
Remember, immigration laws and policies can change over time, so it's essential to work with a qualified professional who can guide you through the process and ensure that you take the appropriate steps based on your unique circumstances.
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