Questions on DACA - Now that Trump is Gone, Can I Apply for Advance Parole?

As part of our common questions series, ILD will cover questions that we often encounter from community members to provide updated and accurate information. Please remember that this blog does not constitute legal advice, and if you have a specific question for you or your family, please be sure to seek a legal consultation from a qualified immigration attorney, such as ILD. 

Background: What is Advance Parole for DACA

• Advance Parole is a type of permission DACA recipients can seek in order to travel abroad and be allowed to seek to reenter the United States. Applicants who are approved receive Form I-512L and can use it to reenter the country. 

• Once they reenter, they are “paroled” into the country. It is important to note that even if you obtain and receive Advance Parole, you will still be subject to inspection by Customs and Border Protection at a point of entry or airport.

• Immigrants with various backgrounds can apply for Advance Parole, but DACA recipients have very specific requirements that they must meet in order to apply. 

Eligibility for DACA Recipients 

In order to apply for Advance Parole, DACA applicants must fill out Form I-131, Application for Travel Document, and pay the applicable fee (currently 575 dollars). However, filling out this form does not guarantee approval. United States Citizenship and Immigration Services (USCIS) must determine that your reason for travel is justified based on three general categories.

Generally, USCIS will only grant advance parole if your travel abroad will be 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 order to file, applicants must provide supporting evidence that they fall into one of these categories. For example, you can include proof that you are attending a conference for employment purposes and also include a letter from your employer. Alternatively, you can provide proof of enrollment in an educational program requiring travel or submit medical documents showing that a family member is ill and you must travel for humanitarian purposes. 

Typically, applications can take about three to four months in order to be approved. If your need to travel is based on urgent circumstances, you can schedule an expedited request for approval by contacting USCIS or scheduling an infopass appointment. 

Many DACA recipients have been able to obtain advance parole and successfully travel abroad and return. In order to understand what the latest trends are in terms of approvals and application time, please contact ILD or another immigration legal services provider. 

Risks and Tips 

It is important to note that an approved Advance Parole document does not guarantee entry into the United States, instead it allows a recipient to request admission or reentry. Once you present yourself at a port of entry (for example, at the airport), you will still have to go through an inspection and admission process. 

Your Advance Parole will serve as the basis for your reentry into the United States, and assuming everything is in order, you should be allowed to return; however, it is critical to note that you are not guaranteed reentry, particularly if there is an issue that can serve as a basis for denial of entry. 

Issues related to reentry can include prior criminal convictions, deportations, or other facts in your background. That is why it is absolutely essential for you to consult with an experienced immigration attorney in order to be confident about your plan to travel abroad and return safely. 

Some important tips to keep in mind when traveling include consulting with an immigration expert before traveling and having a clear plan for your departure and return. This plan can include carefully selecting what airport you fly into, as certain ports of entry can be more or less friendly to DACA recipients with Advance Parole. You should also be prepared in case you are sent to secondary inspection by an officer (at the airport or border), and are asked specific questions about your status, reasons for travel and immigration history. Lastly, you should be sure to carry your unexpired DACA Employment Authorization Document, valid passport, and original Advance Parole document with you. 

Finally, be sure to check how COVID-19 may affect your travel plans. Travel abroad may be impacted by COVID-19 restrictions, and some countries may have specific requirements around testing and vaccination in order to be admitted. Carefully review with your attorney what, if any, information is available with respect to the country you seek to travel to. 

Advance Parole and Adjustment of Status

Advance Parole for DACA recipients is not only a path to traveling abroad, but for some, it can actually be a path to obtaining a green card or permanent residency through marriage with a U.S. citizen spouse. This is because, under current law, a person who did not enter the United States lawfully is generally not allowed to apply for a green card and adjust their status while in the United States and is forced to go abroad to complete the process. This can cause complications for those who have lived in the United States for many years without any status. 

DACA recipients who are able to travel abroad and return to the United States are deemed to have been lawfully admitted to the country and have been viewed as satisfying this requirement that many are otherwise unable to achieve. As a result, many DACA recipients who have traveled abroad have been able to return to the country and obtain their green card through their marriage with a U.S. Citizen.

It is important to note that it is unclear if this process will continue to work in the future as the policy can change for DACA recipients.  It is important to have a specific consultation in order to understand how this process might help or affect you.

You can find out more information about DACA from USCIS here.

This blog is intended for informational purposes only and should not be relied upon as legal advice. Please contact an immigration expert or non-profit, such as Immigrant Legal Defense, before making any decisions about Advance Parole for DACA.