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Lawful Permanent Residence for Dreamers

Updated: Jun 14

Eduardo Soto explains how advance parole can help dreamers get their green cards.

To obtain a green card, Dreamers typically have to travel abroad to a U.S. embassy for a residency interview and come back. The problem with this scenario is it places a Dreamer at risk of not being able to return due to having entered the United States initially illegally and accruing unlawful presence thereafter.

Under law, any one who accrues unlawful presence for six months or longer, at anytime, faces a possible three or ten year bar to come back. Although there is a waiver process, which if approved waives these bars, many Dreamers do not have anyone in position to execute these waivers, as execution must be done by a parent or spouse who is either a Lawful Permanent Resident or United States citizen, and its approval requires a showing of exceptional hardship to them. Moreover, the state side waiver process can take up four to five years to adjudicate.

Arriving in the United States through Advance Parole constitutes the type of lawful entry which permits Dreamers to adjust their status in the U.S., avoiding a lengthy and potentially dangerous visit abroad. This fact was reaffirmed by the United States Supreme Court in a decision recently. The Supreme Court stated Advance Parole issued to Dreamers, allows them to adjust status to that of lawful permanent residence upon reentry. Additionally, in yet another decision by the U.S. Supreme Court, it determined Advance Parole does not trigger the three and ten year bars, thus allowing a Dreamer to safely go out and come back.

Dreamers considering this option should consult with an experienced immigration attorney to ensure they meet all requirements and understand the steps involved. At Legal en USA, we are ready to help you obtain your Green Cards. You just need to call 305-446-8686.

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