09/12/2021
FAQ about adjusting status (getting permanent residency) after Advance Parole for DACA.
I feel like now there are more people than ever before travelling with Advance Parole in order to apply for residency through their spouse. I see a lot of questions come up regularly. I thought it might be helpful for me to answer some of them.
Can AP allow me to apply for residency if I am married to a US Citizen? Maybe (or probably?). Many DACA kids originally entered the United States without inspection (with no visa), and they are now married to a US Citizen, and would be eligible for residency if they had a legal entry. If there are no other issues in the case, then Advance Parole will often make them eligible for Adjustment (applicantion for residency).
What if I entered with a visa (or border crosser card, or from Canada, or with ESTA)? If you already had a legal entry then Advanvce Parole probably won't change your circumstance.
What if I entered illegally two times, can Advance Parole still help me? Probably not. If you are subject to the 9C bar you can still use Advance Parole to travel, and you will be allowed into the United States, but it will not fix your 9c bar.
If I have a DWI will it keep me from adjusting status? Probably not. In fact, since your DACA is about to come to an end, it is probably important that you apply for Advance Parole and Adjustment of status as soon as possible, because you may not be able to renew your DACA, and then you can't do Advance Parole anymore, and your door of oppurtunity may close. You may then need to do a waiver.
If I got DACA when I was under 18 should I still do Advance Parole since I don't need a waiver? I would still recommend Advance Parole. There are many reasons why planning on getting your residency through a consulate is riskier and more stressful.
What do I need to apply for Advance Parole? DACA EAD, personal statement, doctors note about relative, and proof of relationship to patient. Filing fee is $575.
How long does Advance Parole take? As of today Sept 12) my approvals are from my February applications. Emergency AP requests can theoretically be issued the same day, but it is unlikely you can get an appointment for at least a few days.
What do I need to apply for Adjustment of Status after I do advance parole? Passport stamp, birth certificate for you and your spouse, marraige certificate, spouses 2020 tax return, W2 form, and recent paystub, medical exam, and photos.
What about tattoos? Tattoos are often a problem when doing medical exams for consular interviews, but much less likely to be a problem during US medical exams. Either way they are only an issue if they are clues that you were a member of a gang.
I hope that this information is helpful. Feel free to post questions.