Advance Parole (Travel) for DACA

Individuals who are recipients of DACA status may, in some circumstances, apply to travel outside the United States by applying for Advance Parole (note travel warnings).  USCIS will grant travel permission in certain “justifiable” circumstances.  In particular, USCIS will grant I-131 Travel Permission to travel abroad if in furtherance of:

  • humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;
  • educational purposes, such as semester-abroad programs and academic research, or;
  • employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

In other words, wanting to go on a travel vacation would not be a valid basis for advance parole.

CAUTION:

Before and after advance parole has been granted there are serious issues that need to be reviewed prior to traveling, largely due to the risks of inadmissibility.  In other words, even with advanced parole, the Department of Homeland Security can deny reentry if it determines certain inadmissibilities exists or that re-entry would not “serve the public interest of the United States”.  For these reasons GREAT care should be utilized in seeking travel permission and prior to traveling.  It his HIGHLY advisable to seek counsel from a qualified immigration attorney before attempting to travel abroad in such a manner.

SIGNIFICANT SIDE BENEFIT:

Due to a landmark case in 2012, individuals who successfully travel and return under advanced parole may no longer be subject to certain adjustment of status prohibitions of Entering Without Inspection (EWI) as they have now been inspected upon reentry (see bottom right corner of redacted I-512L).  In some instances, such as those where a U.S. citizen spouse wishes to petition and adjust the status of the newly returned/paroled spouse, USCIS can grant permanent residency where there are not other issues of admissibility inside the United States.  In such cases, the family bypasses the traditional lengthy, expensive, and exhausting waiver process before a U.S. consulate abroad.  Interested individuals are advised to contact a qualified immigration attorney prior to undertaking any such process.

 

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Richard Bracken has helped hundreds of families obtain and successfully utilize Advanced Parole.  For a consultation about obtaining Parole in Place, please contact us today.

You can depend on R. Bracken & associates, Attorneys at Law for DACA, Travel Permission, and Green Card assistance.

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