By Darius Amiri, Immigration Lawyer and the Chair of Rose Law Group Immigration Department
Today I’ll be talking about Advance Parole, especially as it pertains to DACA recipients.
So typically, those with DACA were brought here at a young age by their parents and we not able to leave the United States for lack of a US passport or valid visa. This was a harsh reality for many who were unable to travel, study abroad, or visit family members in their home countries. When DACA was created back in 2012, many applied for Advance Parole as a way to remedy this.
Advance Parole is an application filed with USCIS which allows an immigrant to travel outside of the United States and return lawfully. USCIS would consider Advance Parole applications for DACA holders if they could establish an educational, employment based, or humanitarian basis for the need to travel.
Unfortunately, following the Supreme Court DACA decision a few months ago, Acting DHS Secretary Chad Wolf issued a memorandum on DACA and advance parole stating that USCIS would now only consider issuing an Advance Parole if urgent humanitarian reasons or a significant public benefit is established. So those with the need to travel for work, study abroad, or even visit sick or aging family members may be precluded under this new interpretation.
Sadly, this is yet another restriction on our current immigration system by an illegally appointed, non Senate confirmed, political appointee, but its come to be the norm under this administration. We will fight this and we strongly urge you to consult with an experienced immigration attorney like myself prior to applying for advance parole based on these new guidelines.