Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

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Advance Parole for DACA recipients during the Biden Administration

by | Jul 31, 2021 | DACA |

Advance parole is an application to USCIS to allow those who are undocumented to travel outside the United States and return lawfully. DACA recipients can apply for this permission but are more limited than others as there must be exceptional circumstances. It allows for the ability to study or work abroad and visit elderly or sick relatives. USCIS will only approve advance parole for DACA recipients who demonstrate their need for travel is for humanitarian, education, or employment purposes.

During the Trump administration, the Department of Homeland Security attempted to limit the DACA program, but this action was proven invalid on November 14, 2020, by a U.S. district court. The invalidated memorandum, known as the “Wolf Memo” had instructed USCIS to reject all first-time DACA applications and applications for advance parole from DACA recipients unless they could show an exceptional circumstance. DACA renewals were acceptable but limited the grant period and work authorization to only one year instead of two years. After the court invalidated the memorandum, DACA recipients were able to renew their application for 2 years and new applications were being received.

In order to be eligible for DACA advance parole, you must have received approval of your DACA application. Note that you must file for renewal at least 120 days before your DACA expires. You must also wish to travel overseas for education, employment, or humanitarian purposes and provide evidence.

Vacation time will not be approved for DACA recipients. Form I-131 is to be completed specifying the intended dates of travel and reasons. Gather any supporting evidence to prove the need for travel. Examples of evidence for humanitarian advance parole are medical records of an elderly or sick relative, and birth certificates or documents proving family relationships. Example of evidence for educational advance parole is an acceptance to a study abroad program, documentation of planned research trip, or letter from a professor or research advisor, and example of evidence for employment advance parole are a letter from your employer or a conference invitation.

Once you have your supporting evidence, you will compile a packet with the required application form, a copy of your DACA approval notice, a USCIS filing fee, and your supporting evidence.

This information is intended to educate and should not be taken as legal advice. Written by Francis Law Center Staff Stephanie Salinas

 

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