5
QUESTIONS ANSWERS
Have there been any Advance Parole
approvals for DACA beneficiaries who
wish to travel abroad?
There have been approvals for Advance Parole for individuals
with Deferred Action. The cases we know of have been for
school-related activities and family-related purposes (i.e. sports
team traveling, studying abroad, visiting a sick relative, etc.)
*Note that the dates on the Advance Parole document are
VERY restrictive (i.e. if you ask for 4 days for a sports trip, you
will get 4 days. If the returning flight is canceled or delayed
to the next day, the individual will be at risk of not being able
to return). In fact, we have become aware of individuals who
overstayed their allotted time and have had trouble re-entering
the U.S. For these reasons, we encourage you to ask for a few
more days beyond your planned trip.
Also, all the approvals we’ve seen have been for a single entry.
If someone has various trips that require multiple entries (e.g. 4
soccer trips this year), it might be worth trying to apply for all in
one request.
While the Advance Parole notice states that leaving the U.S. on
Advance Parole with DACA is not a departure for 3/10 year bar
purposes, we suggest that individuals consult with an attorney
before leaving the U.S.
We recommend that anyone thinking of applying for Advance
Parole should do so, and then consult an attorney when it is
approved and in hand. Processing times, and the changing
landscape of DACA, and the various other complexities,
grounds of inadmissibility, possible need to close out
deportation proceedings, etc. should be evaluated.
Lastly, if some form of Immigration Reform passes while the
individual is abroad, it is possible they would not be eligible for
legalization. Some previous programs such as 245i, TPS, and
even DACA, required physical presence in the US on the date
the program was authorized.
What type of information do I have to
include when applying for Advance
Parole (AP)?
You should submit a letter that explains your reason to travel
along with supporting documents. For example, if your reason to
travel is for work purposes, you should submit a letter from your
employer explaining the need to travel along with the $360 filing
fee (no biometrics fee required), copy of your I-821D approval
notice, copy of your work card, and 2 passport style photos.
Again, be sure to monitor the USCIS web page for the latest
updates. USCIS is finalizing the instructions for Advance Parole
for individuals with Deferred Action.