WHO CAN APPLY FOR DACA NOW, AND WHO CAN TRAVEL OUTSIDE THE U.S. AND HOW?
New DHS Policy On Initial DACA Applications, Advance Parole (Right To Travel) For DACA And The Path To A Green Card
By Christopher Kerosky, Esq.
New DACA policies by Trump Administration.
On December 7th, 2020, U.S. Citizenship and Immigration Services provided guidance on how it will implement new policies regarding the Deferred Action for Childhood Arrivals (DACA), as ordered by a federal judge:
· USCIS will now accept all initial DACA requests from foreign nationals who have never previously received DACA.
· USCIS will grant advance parole for travel outside the United States to DACA recipients as they did between 2014-2017
- USCIS will return to granting employment authorizations for two years rather than one year.
USCIS will approve travel (“advance parole”) for DACA recipients who demonstrate that their need for travel is for “humanitarian, education, or employment” purposes. Here are some examples:
Humanitarian: · For example: travel to obtain medical treatment, attend funeral services for a family member, or visit a sick or elderly relative.
Educational: · For example: semester abroad programs or academic research
Employment: · For example: overseas assignments, interviews, conferences, training, or meetings for work4. Travel needed to support the immediate safety, well-being or care of an immediate relative, particularly minor children of the alien.
CAUTION: DO NOT TRAVEL WITHOUT AN APPROVED ADVANCE PAROLE.
Advance parole makes some DACA recipients eligible for adjustment of status to the U.S. without a pardon and without going through consular processing outside the US. For example, a DACA holder with a US citizen spouse.
This means that if a DACA recipient travels abroad and returns under a grant of advance parole, he or she can apply for adjustment of status in the US. This is a much faster and simpler procedure than the prior pardon procedure, which required the applicant to obtain a pardon (which were often denied) and to go through a lengthy procedure at a Consulate abroad, like Ciudad Juarez.
Now, DACA holders with a US citizen spouse can apply for permanent residence in San Francisco and generally obtain it in approximately one year. There were many cases of DACA recipients successfully adjusting status after traveling abroad on advance parole between 2013-2017 before Trump stopped issuing Advance Parole to DACA holders.
Of course, anyone contemplating travel outside the US or applying for permanent residence should get competent legal advice before doing so.
CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced immigration law for over 25 years. He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C. Mr. Kerosky has been recognized as one of the top lawyers in Northern California for over 10 years by “Super Lawyers”. See https://profiles.superlawyers.com/california-northern/san-francisco/lawyer/christopher-a-kerosky/358dc9f1-b1c2-46b5-80cc-6e9610b1cd43.html
.WARNING: The foregoing is a summary generally discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case before filing any application or petition.