You Learn Something New (Almost) Every Day

Today was one of those days! Because immigration is so dang convoluted, it’s impossible to know all the minutia until you get a case that takes you right up against it.  And then you become the world’s leading expert (for about three days) on the smallest detail of a regulation that pretty much no one else on Earth cares exists.

But, today I stumbled upon a handy trick that is apparently working for attorneys in various locales to get around the E(ntered)W(ithout)I(nspection) problem with which a lot of clients are dealing. As the attorneys out there know, with rare exception, if you are EWI, you have to leave the country and consular process, which opens the door to the unlawful presence bar. But, while reading through the AILA list-serve, someone noted that they’ve been able to adjust status for EWI clients.  Apparently, they establish some type of status, like via DACA for example, and request advanced parole. When the AP is granted, they leave the country and are paroled back in.  They then adjust without any problem!

At first read, this almost sounds too good to be true, but it also makes some sense. For DACA folks, in particular, they may not have to worry about the ULP bars depending on their age, but I’m not sure how older EWIs are getting around that trigger. I haven’t had the chance to read up on this at all just yet, but it’s the kind of regulatory creativity that I love to see!

EDIT: I finally read the case and apparently leaving on advance parole does not trigger the bars at all.  The court basically did some legal gymnastics to reach the conclusion, but who am I to argue!

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