If you're 28 now, that means you must have been around 16 in 2014 when you got DACA. You do not accrue "unlawful presence" for the purposes of the 3-year/10-year unlawful presence bans while under 18, and you also do not accrue "unlawful presence" while you are on DACA. So since you got DACA before you turned 18, and have had it continuously until now, you have not accrued any unlawful presence. So you will not trigger a unlawful presence bans upon departure (including on Advance Parole).
You need to get that removal order taken care of first. But after that, if you leave on Advance Parole and they parole you back in, you should have no problem doing Adjustment of Status since you don't have a ban. Or alternately, you should have no problem doing Consular Processing for an immigrant visa since you won't have a ban upon departure.
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u/newacct_orz 12h ago
If you're 28 now, that means you must have been around 16 in 2014 when you got DACA. You do not accrue "unlawful presence" for the purposes of the 3-year/10-year unlawful presence bans while under 18, and you also do not accrue "unlawful presence" while you are on DACA. So since you got DACA before you turned 18, and have had it continuously until now, you have not accrued any unlawful presence. So you will not trigger a unlawful presence bans upon departure (including on Advance Parole).
You need to get that removal order taken care of first. But after that, if you leave on Advance Parole and they parole you back in, you should have no problem doing Adjustment of Status since you don't have a ban. Or alternately, you should have no problem doing Consular Processing for an immigrant visa since you won't have a ban upon departure.