Mom, talked to this attorney which i think was the best so far . he said I cant adjust status in US, no chance, but Consular Processing has a favorable option since I would not trigger 3 years bar. Any idea?
- Bars to admissibility under INA § 212 apply, but not bars to adjustment of status under § 245.
- INA § 212(a)(9)(B) – unlawful presence between 180 days and one year and voluntary departure – advance parole is not a “departure.” Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).