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.
Applying for Adjustment
of Status following travel with 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.
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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.