The most recent decision from a U.S District Court in Brooklyn put DACA back where it was in 2017. This includes restoring the ability of DACA beneficiaries to seek Advance Parole Document (AP). Before that, the Trump Administration had limited issuance of AP to applicants who were able to show that travel is needed due to “exceptional circumstances,” such as urgent humanitarian or significant public benefit reasons. As a result of the decision, DACA recipients can also obtain AP for educational and employment reasons, as it was before 2017.
Examples of humanitarian reasons include getting medical assistance, visiting a sick relative, attending funeral services, or other urgent family-related purpose. Applicants who plan to study abroad or participate in academic research programs may also qualify for Advance Parole. Valid employment reasons, such as overseas assignments or client meetings, participation in a conference or training are also considered valid reasons to apply for Advance Parole.
DACA beneficiaries considering applying for AP should be prepared to provide appropriate documentation to justify the purpose of intended international travel. This documentation, depending on the reason for travel, should be in a form of: a letter from a medical professional describing the nature and need of the medical assistance, or explaining medical condition of a relative which DACA beneficiary plans to visit; a letter from an educational institution describing purpose of travel; or a letter from an employer detailing need for international travel. This list is not exclusive, as any additional documentation will make case stronger.
Lastly, it is worth nothing that in certain cases, obtaining AP may provide future immigration benefits, such as eligibility to apply for adjustment of status (a green card application).
Please remember that every case is unique, and before leaving the U.S., it is strongly advised to seek a counsel of an experienced immigration attorney to evaluate your eligibility for advance parole, as well as any risks involved in international travel.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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